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Page 21: of Marine News Magazine (October 2017)
Salvage & Spill Response
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Ben Ford is an attorney at Verrill Dana, and serves as a board member of the Maine
For most traditional businesses,
Marine Trade Association. As a member of both the ? rm’s Maritime and Labor & gaps in coverage are rare. Lawyers and
Employment Groups, Ford provides a unique perspective to his clients in the marine insurance professionals understand industry, helping them to mitigate risks and overcome business challenges for success.
the risk pro? le of traditional business- es and can recommend products to ensure good coverage. But as we ? nd new ways to utilize our oceans, lakes, rivers and coastlines, we begin to blur the lines between the traditional de? - nition of terms like sailor, vessel, and stevedore. Companies working on the front lines of technology risk working themselves out of insurance coverage, or spending money insuring against risks they do not have.
Returning to our example, would it be necessary for the aquaculture com- pany to have coverage under all three schemes? Might they save money by not purchasing Jones Act coverage?
The answer to this question will re- quire a searching inquiry into the nature, location, and con? guration of the equipment and who will be operating that equipment. Because of this, it is extremely important for companies working on the front lines of marine technology to consult with a lawyer or an insurance professional who understands BOTH the law and the industry.
A growing population will look to the sea for energy, food, and trans- portation. As the demand on our waterways grow, scientists and engi- neers will ? nd new ways to reap the bene? ts and business people will ? nd new ways to bring those bene? ts to market. As technology outstrips the law, marine businesses can ? nd them- selves exposed to legal risks they never knew existed. It is therefore critical that businesses regularly check in with lawyers and other insurance industry professionals who understand both the law and their business. www.marinelink.com MN 21