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FOGHORN
FOGHORN FOCUS
Insureds often have a difficult time with the fact that 
insurance is non tangible. A hefty bill for something you 
can’t see or touch can be frustrating, to say the least. Un-
fortunately, many people do not realize how important 
insurance is until a loss occurs. The reality is that insurance 
is a necessity, especially in our current legal environment; 
the size of judgments and settlements are increasing at an 
exponential pace with no signs of slowing down. Although 
insurance is a necessary evil, you can lessen the burden by 
taking meaningful steps to improve protection of assets, 
insurability, and insurance program costs. 
We all know that safety is paramount, not just for our 
passengers, but for our customers, employees, and the 
general public. A loss can have countless devastating 
consequences—bodily injury to passengers or crew, prop-
erty damage, regulatory action, and lasting reputational 
harm, to name a just few. Beyond protecting lives and 
livelihoods, a demonstrated commitment to safety shows 
underwriters that your operation is proactively managed 
and safety is prioritized. 
The below section outlines the typical exposures and cov-
erages associated with passenger vessels, along with risk 
mitigation steps you can take to ensure you’re getting the 
most competitive insurance rates. 
• Employee Exposures
	 • Workers Compensation – State Act
	 	 • Experience modification factor is one of the biggest 
drivers of premium. This factor is directly deter-
mined by your loss history on workers compensation 
claims, taking both severity and frequency of claims 
into account.
	 • Workers Compensation – United States Longshore 
and Harbor Workers’ Compensation Act (USL&H)
	 	 • More favorable rates can be obtained
	 	 • Unlike traditional workers compensation, USL&H 
is a federal coverage, so many carriers do not report 
to National Council on Compensation Insurance 
(NCCI) or other applicable independent rating 
bureaus. Experience modification factor may not 
apply to this portion of your coverage. 
	 • Jones Act/ Crew Coverage
	 	 • Possibly the biggest exposure for passenger vessel 
operators and their crew. These operations have 
unique risks and exposures that differ from those of 
land based or shoreside duties as noted above. 
	 	 • Over the water employees are protected under 
federal maritime law. 
	 • The three previously mentioned coverages may see 
the benefit of improved rating by implementing the 
following practices:
	 	 • Comprehensive employee safety training
	 	 • Thorough new hire orientation and ongoing education
	 	 • Routine safety meetings
	 	 • Training 
	 	 • Job hazard analysis
	 	 • Preventive equipment maintenance
	 	 • Drug and alcohol testing programs
	 	 • Pre-employment screenings
Beyond protecting  
lives and livelihoods,  
a demonstrated  
commitment to safety 
shows underwriters  
that your operation is  
proactively managed  
and safety is prioritized. 

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