"A freight claim is actually a breach of the contract of carriage." How about we agree to disagree on that point
but I will reaffirm that nothing on the bill of lading, in the Truck Transportation Act, or The Carmack Amendment dictates that the carrier must deliver the goods in any particular condition. However, it is to the carrier's advantage to deliver the goods to the receiver in the same condition the goods were delivered to the carrier.
"If a carrier was only obligated under the B/L to deliver the shipment with due dispatch, why would there be any description of the goods? Why indicate the nature of the shipment, the number of skids, the size of the pieces, do not stack, keep from freezing, etc., etc.?"
How else do you identify the subject, or parameters, of the contract?
If you did not identify the subject of the contract, how could you file a claim?
A properly executed bill of lading simply states this; I am contracting you to transport goods from Point A to Point B.
A "Schedule A" if you will, of said contract would be 400 cases of widgets to be kept them from freezing. The freight description is an addendum to the contract, not the contract itself.
Anyways, we're really talking semantics here. The processes and parameters have been well established in case law, and it is highly unlikely it is going to change now, if ever.
You make a valid point about trying to resolve cargo claims without insurance involvement. A fools errand if there ever was one. That's not saying that when a carrier experiences a cargo loss that they immediately turn it over to the insurance to handle. Many carriers actually have the ability to handle them in-house, but a carrier should notify their insurance immediately for two reasons;
1) The carrier is going to need the insurance company's guidance on the matter.
2) Your policy says you have to notify them. If you don't think you have to, read your contract.
Really, not involving your insurance company is like driving without a seat belt. When you crash, and you will, it's not going to end well for you ... LOL
At the end of the day, honest, reputable carriers are not going to try and snake out from underneath a claim. As per Forrest Gump "It happens". It's part of the cost of doing business. Honest and reputable carriers will of course take the shipper task to follow the rules of the claims process, and that's not a bad thing. Do it right, learn from the errors, and be done with it. Simple.