Their latest insurance policy was cancelled Oct 28, 2023. If you gave them a load tender, have proof that they accepted the freight, the BOL was signed and says PREET as the carrier, and the best would be a photo or video of the tractor/trailer picking up the load, before Oct 28, 2023, then you can make a valid claim to their insurance company. The trick is to ensure that you have all the evidence and proof that PREET picked up the load and an affidavit that the load has not delivered. It will be up to the insurance company to deny the claim with a signed bill of lading from the consignee.
The unfortunate part is that I'm sure that this will likely have to get decided in court with all the confusing details noted above. My guess is that the owner did sell but did not advise their insurance company of the change in ownership. The new owners ran the trucks as is and Fenchurch continued to insure until the new owners didn't pay the insurance.
As mentioned above, make the claim to your contingency policy and have your insurance company subrogate to Fenchurch. Let the insurance companies figure it out.
What is the value of the goods?
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