40 FOGHORN FOGHORN FOCUS • Ensure there’s a proper plan in place to move vessels to a safe berth in the event of inclement weather. • General Liability • Your liability to passengers extends beyond the vessels. Docks, embarkation areas, parking lots, and any owned premises present an additional slip/trip/fall hazard to passengers and customers, along with the general public. • Implement a scheduled maintenance program to ensure these areas are properly maintained. • Reduce slip/trip/fall hazards (cords or lines laying around, obstructed walkways, poorly maintained docks, etc.). • Taking appropriate measures to mitigate slip and fall risks can result in lower insurance premiums. • Commercial Auto • Many passenger vessel operators also have a land based commercial automobile exposure. Auto premiums have skyrocketed in recent years as a result of high awards for liability losses. The following are areas are premium baring underwriting considerations: • Written procedures on employees using company vehicles for personal use • Written procedures on distracted driving • MVR’s run annually • Vehicle telematics For many passenger vessel operators, proper risk transfer via contract negations is of utmost importance. Clear ex- pectations and responsibilities should be outlined and ad- hered to. For example, let’s say you have a vessel docked at a city pier. Does the city’s insurance cover a slip and fall on the dock, or would that be the responsibility of the vessel operator? Similarly, what if a passenger is injured on the gangway boarding a vessel. They’re not yet on the vessel, but also not on the dock. Where does negligence lie in this scenario? Concise, clear contract wording should remove any ambiguity for these exposures at time of loss. One of the first items a claims adjuster will look for during claim investigation is the contract specifically outlining each party’s responsibilities. Any risk transfer through a con- tract must be carefully evaluated for both parties to ensure you’re not assuming any contractual liabilities not within the scope of your operations. Additionally, some vessel operators are located in high-ca- tastrophe areas prone to any number of natural disasters. Primary hazards are wildfires and hurricanes, both of which will have an impact on underwriting considerations. Having a clear plan established for impending disasters demonstrates forethought in protecting your assets and operations. All too often, insureds are scrambling at the last minute to locate a safe berth for their vessels. Although many insureds consider in-person loss control visits a nuisance, the intention is not to criticize your op- eration. Rather, this process mutually benefits both the insured and their carrier partner. The overarching goal of a risk control visit is not to bog you down with frivolous recommendations, but to draw your attention to areas in which safety can be improved and risk mitigation en- hanced. Underwriters greatly value an insured’s willing- ness to engage and consider feedback that will improve the quality and safety of your operation. It is unrealistic to believe you’ll never fall victim to a loss while operating. Losses and accidents are to be expected, which is entirely why we have insurance. How you respond to those losses speaks volumes to a carrier. Without fail, underwriters always ask, “what has been done to prevent future losses of this nature?” Often, a simple fix can answer this question. For example, let’s say there is a two-inch lip on a threshold where it transitions from car stowage to main deck. Trip and falls are frequent in this area. Installing a sign and neon colored tape or paint on the threshold will draw attention to this area, reducing the likelihood of a trip and fall. Working with a trusted agent that is experienced in mari- time risks provides tremendous assistance in developing and implementing a safety program. Whether it be through help- ing to identify available resources (PVA, carrier training or programs available) or relying on years of prior experience in this area, we want to help our insureds succeed and operate safely and profitably. It is our responsibility to be the liaison between the carrier and insured. We directly advocate for
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