Note

Commitments and Contingencies

From time-to-time, we are a party to ordinary, routine litigation arising in the ordinary course of business, most of which involves claims for personal injury and property damage incurred in connection with the transportation of freight.

Our subsidiary Covenant Transport, Inc. (“Covenant Transport”) is a defendant in a lawsuit filed on

November 9, 2018,

in the Superior Court of Los Angeles County, California. The lawsuit was filed on behalf of Richard Tabizon (a California resident and former driver) who is seeking to have the lawsuit certified as a class action. The complaint asserts that the time period covered by the lawsuit is from

October 31, 2014

to the present and alleges claims for failure to properly pay for rest breaks, failure to provide accurate itemized wage statements and/or reimbursement of business related expenses, unlawful deduction of wages, failure to pay proper minimum wage and overtime wages, failure to provide all wages due at termination and other related wage and hour claims under the California Labor Code. Since the original filing date, the case has been removed from the Los Angeles Superior Court to the U.S. District Court in the Central District of California and subsequently the case was transferred to the U.S. District Court in the Eastern District of Tennessee where the case is now pending. We do

not

currently have enough information to make a reasonable estimate as to the likelihood or amount of a loss, or a range of reasonably possible losses as a result of this claim, as there have been

related accruals recorded as of

June 30, 2019.

Also, in

February, 2019,

Covenant Transport was named in a separate (but related) lawsuit filed in the Superior Court of Los Angeles County, California requesting civil penalties under the California Private Attorneys’ General Act for the same underlying wage and hour claims at issue in the original class action case noted above. On

August 1, 2019,

the Los Angeles Superior Court entered an order staying the action pending completion of the earlier-filed action that is pending in the United States District Court for the Eastern District of Tennessee. We do

not

currently have enough information to make a reasonable estimate as to the likelihood or amount of a loss, or a range of reasonably possible losses as a result of this claim, as there have been

related accruals recorded as of

June 30, 2019.

We maintain insurance to cover liabilities arising from the transportation of freight for amounts in excess of certain self-insured retentions. In management's opinion, our potential exposure under pending legal proceedings is adequately provided for in the accompanying condensed consolidated financial statements.

Based on our present knowledge of the facts and, in certain cases, advice of outside counsel, management believes the resolution of open claims and pending litigation, taking into account existing reserves, is

not

likely to have a materially adverse effect on our consolidated financial statements.

We had

$34.8

million and

$36.3

million of outstanding and undrawn letters of credit as of

June 30, 2019

and

December 31, 2018,

respectively. The letters of credit are maintained primarily to support our insurance programs.