A trucking insurer has asked a federal court to declare it owes nothing on a New York crash claim, saying the truck and driver were never on its policy.
United Financial Casualty Company filed suit June 25, 2026, in the Southern District of New York, asking a judge to declare it owes no defense and no indemnity to BBG2X Transportation and several related parties over a March 25, 2021 accident.
It is a layered-coverage dispute, and according to the complaint it turns on a trailer that was being sold off.
The filing alleges BBG2X owned a 2017 trailer it had agreed to sell to a buyer and 12-K Transport under an "Equipment Rental Agreement." The buyer was to pay $25,000 down and $1,500 a month toward a declared value of $55,000, the complaint says, with title staying with BBG2X until paid off. UFCC says its insured's principal testified the buyer paid the deposit on March 12, 2021 and took custody of the trailer.
On the day of the crash, the complaint alleges, that trailer was hooked to a 1990 Freightliner tractor owned by Lorna Bean Trucking and driven by a driver it employed. The underlying claimant, who alleges he was injured, sued. GEICO, which paid his no-fault benefits, filed a subrogation action; the filing says it paid $50,000 in Personal Injury Protection benefits and $18,832.62 in additional PIP benefits.
The dispute rests on policy wording. UFCC issued a commercial auto policy to BBG2X, and the complaint says the tractor in the crash was not a listed vehicle and the driver was not a listed driver. The trailer was listed. UFCC's agreement covers damages "for which an insured becomes legally responsible because of an accident arising out of the ownership, maintenance or use of [an] insured auto."
UFCC also points to its "Other Insurance" clause: when a listed trailer is attached to a power unit the insured does not own, the filing says the policy is excess, not primary. It puts its coverage as "excess to any primary coverage on the LORNA BEAN power unit."
From there, UFCC points to two carriers. It alleges Berkley National Insurance Company insured the Lorna Bean tractor and owes primary coverage. It alleges Trisura Specialty Insurance Company insured 12-K Transport's operations, with a $1 million limit, and also owes primary coverage, on the theory the tractor was a "temporary substitute" for a 12-K vehicle.
There is a federal wrinkle, too. UFCC says all three policies carry an MCS-90 endorsement, the surety tied to interstate motor carriers under the Motor Carrier Act of 1980. It alleges Berkley's and Trisura's are triggered but its own is not, because, the complaint says, the driver was "not engaged in the for-hire transportation of any property in interstate commerce on behalf of" BBG2X.
The mechanics are what claims teams may want to note: the complaint alleges that when a trailer is sold on installments but stays on the seller's policy, and the tractor belongs to someone else, primary-versus-excess can ride on who owns the power unit and how "temporary substitute" is read.
None of the allegations has been tested in court, and no judge has ruled. The underlying tort and subrogation actions remain pending.
