Largest Pay Hike In Decades For ILWU Workers

The ILWU contends the following chart is misleading as it only looks at the most skilled union workers but it still reflects an amazing level of pay for a group that had their largest pay rises in years after successive labor disputes late last year.

Some job classifications guarantee 50 hours of pay each week for 40 hours of work. Marine clerks, steady foremen and steady crane drivers are guaranteed 50 hours of pay when they work 40 hours in a week, the report stated. About 30 percent of the ILWU work force was paid 2,600 or more hours in 2014, according to the PMA.   For more information see http://www.pmanet.org/the-ilwu-workforce

Florida 2016 WC Rates To Be Reduced

The Florida Office of Insurance Regulation said, August 21st  2015, that it has received the 2016 Florida workers’ compensation rate filing by NCCI which proposes a statewide average premium decrease of 2.2%

This includes a statewide average rate decrease of 1.9% and a reduction of the fixed expense cost applicable to every workers’ compensation policy in Florida from $200 to $160. The new rates would become effective Jan. 1, 2016.

We have yet to see a copy of the filing, but we are told this includes an average 7.7% reduction in the Longshore rates!  If true this could be quite significant!

Watch this space for more information as it develops.

City not immune to Jones Act

In the most recent instance of the Jones Act in the news, a NYPD counter-terrorism detective has filed a claim under the Act, claiming injuries that occurred during a rescue.  The $106 million lawsuit alleged the city failed to provide him with safe tools, equipment, and a “competent” crew of fellow officers. 

Under the Jones Act, the employer/employee relationship is spelled out to allow for recovery from personal injury claims due to the employer’s negligence.  The employee must also meet the requirement of spending at least 30% of his time in the service of said vessel or fleet of vessels on navigable waters. 

Here, the NYPD officer’s claims arise from the rescue of a capsized boat on the East river.  The officer was injured while pulling those in the capsized boat to safety.  As a member of the NYPD Harbor Unit, the officer will likely satisfy the requirement that he spend at least 30% of his time in the service of the fleet, even if it is not on a specific vessel.  

The damages can accumulate quickly and are often negotiated for when settling a case like the one mentioned above.  Permitted damages include: medical expense, pain and suffering, lost wages, loss of support to dependents or widow, loss of value of household services, and funeral services to name a few.   The suit alleges severe physical pain and mental anguish, including back and neck pain for which he seeks to recover.    

Waveline 2015 - The State of the Marine & Longshore Market Report

St. Petersburg, Florida, June 18, 2015 – LIG Marine Managers announces the release of the new “Waveline 2015 - The State of the Marine & Longshore Market Report.”  Get your free copy now by clicking the link: WavelineUS.com!

The Waveline Market Report commissioned from LIG’s national survey in early 2015 is designed to gauge a fair representation of the true state of the Longshore and Marine Insurance Market. This survey measures the changes in Price and Availability of Longshore and Marine Insurance over calendar years 2014 versus 2013, includes projections for 2015, and provides comparisons with markets since 2006.

The “Waveline 2015 - The State of the Marine & Longshore Market Report” encompasses a fascinating overview of the State of the Market for Longshore, Blue Water, Brown Water, MEL, Cargo, MGL/SRL, Docks & Piers, Marinas & Boat Dealers, Yachts/Personal Boats & Charter Sightseeing Boats, Account Size Rate History, and Policy Delivery Time.

Get your copy of this valuable report at WavelineUS.com.

Large Vessel Longshore Requirement General Guide

Despite all the information and publicity, there is still a significant amount of confusion on who requires Longshore in the large/mega yacht repair/service market, particularly in South Florida.   The 2009 changes to the longshore act, were largely trumped by the 2012 regulations and whilst there are some minor difference this can serve as a general guide

• People, repairing or servicing in ANY way any of the following types of vessels ARE Longshore
      o Skippered Charter boats of any size (from a “6-PACK” sport fisher to a super yacht that is chartered)
      o Bareboat charter boats if they have a capacity of 12 or more passengers
      o Commercial or Military vessels
• EVEN IF
      o They have a filed state act exception (they don’t apply to longshore)
      o They are an owner/operator
• If any of these people do not carry Longshore coverage, the yard, marina or person that hired them would be responsible for their Longshore benefits EVEN IF the yard or marina does not have the coverage

There are slightly different rules for builders/manufacturers.

Need to know more?   See our Recreational Vessels and Longshore video at Recreational Vessels and Longshore Video

YOU Are Invited!

By Karen Tischler, CMIP Education Events
February 24, 2015

Hey All Insurance Professionals!

Just wanted to invite you to our upcoming education event, the CMIP Insuring Waterfront Businesses Seminar, and for You CMIP Designation Graduates we are hosting a CMIP Graduate Seminar with Conferment Ceremony at this event!  The seminars will be held this April 20-21, 2015 at the Renaissance Ft. Lauderdale Cruise Port Hotel.

This dynamic Waterfront Business seminar delves deep into the exposures specific to waterfront businesses and provides practical “how to” guides on properly insuring them.  Topics include an in-depth overview of Marine General Liabilities, Third Party Liability for Marine Entities, Major Exclusions and Limitations from Non-Marine CGL Forms; Collision and Towers Liability Form including typical structures and E&O Issues due to Erosion of Limits; and concludes with the tricky issues of Care Custody and Control (CCC) Exposures including Ship Repairers Legal Liability, Terminal Operators Legal Liability, Stevedores Legal Liability, Wharfingers Legal Liability, Tankermans Legal Liability, and Charterers Legal Liability. Now that’s a lot of business knowledge packed into two days!

Graduates Courses are designed specifically for CMIP Graduates, providing them with an added depth understanding of these topics: Understanding Lloyd’s, Mutuals and P&I Clubs, Advanced Commercial Marine, Advanced Maritime Insurance.  In addition, Graduates have the option of attending any section of interest being presented at the "Insuring Waterfront Businesses Seminar” during this event.

This seminar event is a great opportunity to broadening your expertise and network with others in your industry, as insurance professionals from all levels, Agents, Underwriters, Human Resources, Administrative, and Management will be in attendance!

Visit IIMIS.org to register; don’t delay as Group Rates fill fast and Early Bird Registration ends soon!  We look forward to welcoming you at this multifaceted education event!  See you there!

Heart Condition Not Covered by Jones Act

William C. SKYE v. MAERSK LINE 2014 - William Skye, formerly the chief mate of the Sealand Pride, suffers from left ventricular hypertrophy, which he complained that his employer, Maersk Lines, caused when it saddled him with “excessive duties and duty time” such that he was “overworked to the point of fatigue.” At trial, the jury found Maersk liable and found damages of $2,362,299.  

Between 2000 and 2008, William Skye worked on the Sealand Pride as chief mate. Skye's job duties required him to work overtime, which adversely affected his health because of fatigue, stress, and lack of sleep. Skye regularly worked between 90 and 105 hours per week for 70 or 84 days at a time. At sea, Skye worked 12 hours; in port, he might have worked “round the clock.”

By 2008, Skye's cardiologist concluded that Skye's “continued physical stress related to his job, with long hours and lack of sleep” caused his labile hypertension—intermittent high blood pressure while on the job—which, in turn, caused his left ventricular hypertrophy.

The Jones Act does not allow seaman to recover for injuries caused by work-related stress because work-related stress is not a “physical peril, and as such the jury verdict was reversed on appeal and MAERSK were not found  NOT LIABLE.