GroundCheck

For shippers

If you pick the carrier, you made the selection

Montgomery is discussed as a broker case. The duty it left standing follows the act of choosing — and plenty of shippers choose.

Montgomery is reported as a broker case, and the defendant was a broker — but the duty it left standing is a duty of reasonable care in selecting a carrier. That duty follows the act, not the job title. A shipper that picks its own carriers, keeps an approved list, dictates who hauls a load, or overrides its broker is exercising selection, and is exposed on the same theory.

Where shippers actually make the selection

The override is the sharpest edge. A broker that surfaces a flag and a shipper that directs the load anyway have together created the clearest possible record that the risk was known — and if the shipper's reason was never written down, the only documented fact is that someone was told and proceeded.

What to document

Document the part of the decision you control, which is narrower than a broker's and easier to get right.

If youKeep
Route directly to carriersThe same selection record a broker would keep: identity, authority, safety, insurance, decider, timestamp.
Maintain an approved listThe criteria for admission, the date each carrier was added, and the re-verification cadence that keeps the list current.
Override a broker's flagWhat you were told, who decided to proceed, and the business reason — recorded at the time, not reconstructed later.
Dictate broker criteriaThe standard you require, and evidence you check that brokers apply it.

The list that goes stale

An approved-carrier list is a standing representation that everyone on it meets your standard. Authority gets revoked and insurance lapses continuously, so a list built once and never re-verified drifts from true — and it drifts silently. If you maintain a list, the re-verification cadence is not administrative hygiene; it is the substance of the representation.

Bring the record to your desk.

A 20-minute scoping call — no cost, no commitment. Bring your current carrier-selection process and we will show you what it produces at claim time.

See if we can help

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