Christopher Cooke

  • Does your insurance coverage fit your operation?

    No business likes to hear the word “denied” from their insurance company. But when a business purchases an insurance policy, it enters into a contract that carefully outlines what insurance protection is being offered to the business, and what is not. To avoid being caught off guard, it is especially necessary for marine businesses, and those that provide service to them, to make sure their insurance coverage fits their operations, and the scope of work they are providing.
    Consider the hustle and bustle of a shipyard operation. It is a facility on or around a waterway, and filled with people coming and going. Some of those people are shipyard employees, others can be the crew of vessels being repaired, and many of the others are the numerous subcontractors performing various operations such as cutting or welding, engine installation and testing, electronics installation, or ship joinery.
    To minimize their liability, most shipyards require each subcontractor to maintain liability coverage, and provide a certificate of insurance to assure that those companies or individual contractors working on their premises have the required insurance coverage. Because of the diversity of work being performed on site, how does a business assure that the insurance coverage that they require is the coverage that is really what is need? There are definitely exceptional insurance challenges when working on, or around waterfront – for any type business.

    Complex Operations Demand Tailored Risk Assessments
    In fact; the uniqueness and complexity of marine operations have prompted very industry-specific tailored insurance coverage(s) to address maritime risks. Contractors providing services to various industries might not be aware of the nuances involved in covering marine risks or might not even consider the work they are doing to be marine-specific. They may also assume that their standard general liability or workers comp policies will respond just fine. These assumptions, however, could prove costly in the event of a claim.
    So when is a ship not a ship?  Here’s an example: A diesel engine manufacturer put engines in a ship being newly built. When the engines are test fired, a cylinder head blows through the engine case and the ensuing fire destroys the ship. The engine manufacturer presents the claim to their Ship Repairers Legal Liability insurer. Ship Repairers Legal Liability coverage provides protection against property damage to vessels in their care, custody and control for the purpose of being repaired. The claim, however, is rightfully declined. Why? According to maritime law, a ship is not a ship until it has launched and put to its intended use (which usually means it has been delivered to the owner). In this instance, this ship was being built and had yet to be delivered, or put to its intended use. Therefore, it was not covered by the Ship Repairers Legal Liability policy. So you need to ask yourself, do you work on new ships being built? Or maybe you work on the occasional diesel truck or crane. Does your Ship Repairers Legal Liability policy have an “Other Work” endorsement, which provides coverage for similar types of work on other than ships? Perhaps you work at other people’s repair facilities? Does your Ship Repairers Legal Liability policy have a schedule of premises that coverage is subject to? Does your policy have a “Travelling Workman’s” endorsement, which provided coverage for your work at other than scheduled premises?   

    Defining the Law – and the Risks
    Work performed on or around the water often falls into a whole other jurisdiction than many businesses are used to – maritime law. Even though they might not consider themselves marine businesses, if they are working on a ship or near navigable waters, they may very well be considered a marine operation that requires particular marine insurance protection, not offered by standard policies.
    Workers compensation coverage offers a prime example. If employees are performing an operation around navigable waters, state-mandated workers compensation would not apply but rather Longshore and Harbor Workers’ compensation would. The Longshore and Harbor Workers’ Compensation Act (LHWCA), enacted in 1927 provides employment-injury and occupational-disease protection to approximately 500,000 workers who may suffer bodily injury on the navigable waters of the United States, or in adjoining areas. It provides compensation to an employee if an injury or death occurs upon navigable waters of the US - including any adjoining pier, wharf, dry dock, terminal, building-way, marine railway or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling or building a vessel.
    While originally enacted to protect workers engaged in stevedoring and ship building operations, the act has been expanded to encompass nearly any employee or company whose work takes them on “navigable waters.” That can include marine contractors, diving contractors, service companies supplying equipment “on the water” and ship repair operations. And, it works entirely different than standard workers compensation coverage. While workers compensation is state regulated, longshore claims fall under the jurisdiction of the US Department of Labor and more severe penalties and legal ramifications can be imposed for noncompliance.
    When working on a vessel, individuals are typically covered with the Merchant Marine Act of 1920, more commonly known as the Jones Act. The Jones Act is a federal act, which provides benefits – similar to Workers’ Compensation – to employees who are working on a US-flagged vessel, which can be defined as anything from a small watercraft to a larger tanker.

    Specific Coverage
    Marine insurers have developed marine general liability coverage for a variety of business risks that are either excluded or under-insured in GL policies. Marine general liability policies provide general liability coverage, and additionally property damage coverage for property in your care, custody and control. The c,c,c coverage sections of the policy can be titled Marina Operators, Wharfinger Legal, Stevedores Legal, Terminal Operators Legal, among others. Again, the right questions must be asked in order to define the proper policies. Is coverage limited to ships, or private pleasure-type watercraft, or marine cargoes? Is coverage marine operations specific? Is coverage location specific?
    Quite simply, there is no blanket insurance coverage that protects everything equally. And that is not a bad thing. No business wants to pay for insurance coverage they do not need. Instead, their real aim is to buy insurance coverage that fits their individual needs.  
    For marine businesses, navigating the various insurance policies can be like moving through murky water. It can be especially challenging for businesses unfamiliar with maritime law that still significantly guides marine operations. With the experience they bring from servicing various marine operations and keeping a close eye on case law and legal precedent in marine coverage litigation, specialized marine insurance brokers and insurance carriers can provide some valuable guidance to assure insurance coverage fits the operation and or work at hand.
    Because there are times that a ship may not be a ship, every business wants to be sure its insurance coverage is insurance coverage that is right, reliable, and appropriate to the expected risks.
     


    (As published in the 4Q 2013 edition of Maritime Professional - www.maritimeprofessional.com)
     

  • ‘No man is an island.’ Today, the interconnectivity of business can drive opportunity, but those same interactions can significantly affect us and our businesses. Today’s marine businesses have to manage and prepare for the actions of “the other guy” as much as they have to manage their own operations.

  • Once, the stars were all that mariners needed to navigate the seas. Today, maritime companies rely on hi-tech systems to operate and navigate equally hi-tech vessels. All of that comes with new and significant risks. On one side, automation has its benefits, especially as crews grew smaller and ships got

  • MN Nov-23#23  nuclear tech- and CEO Christopher J. Weirnicki’s opening)
    November 2023 - Marine News page: 23

    efforts to reach zero emis- where the forum discussions would lead, ABS Chairman sions, there is an indication that advanced nuclear tech- and CEO Christopher J. Weirnicki’s opening remark, nologies may be the path to achieve both goals and meet “This is a generational moment,” proved to be an under- Presiden

  • MR Nov-23#53  family top to bottom, 
from Christopher and Mary Ann to their)
    November 2023 - Maritime Reporter and Engineering News page: 53

    .com www.appletonmarine.com Phone: (920) 738-5432 Manufactured in the USA All in the Family The Pastrana family is a maritime family top to bottom, from Christopher and Mary Ann to their two sons and two sons-in-law. “For continuity and succession planning, we asked our children if they are interested to take

  • MR Nov-23#50  Mary Ann and her husband Christopher; 
Philippine Islands)
    November 2023 - Maritime Reporter and Engineering News page: 50

    its country’s national economy. And the Pastrana family known by the brand FastCat, connecting select are ‘all in’ – from Mary Ann and her husband Christopher; Philippine Islands via modern catamaran RoPax to their two sons who are learning the maritime trade in the A ferries. Today it operates 20 vessels

  • MN Jun-23#26 , Japan, in March 2023. 
Christopher R. Lape / U.S. Marine)
    June 2023 - Marine News page: 26

    USS Ashland (LSD-48), moor a Gov’t Shipbuilding landing craft, utility during amphibious operations, off the coast of Okinawa, Japan, in March 2023. Christopher R. Lape / U.S. Marine Corps A ’ S S MERICA S EA ERVICES UILDING ARGE LEET OF MALL HIPS AND RAFT S L B S F C By Edward Lundquist ot every

  • MN Jun-23#2  2022 and early 2023.
USACE Christopher R. Lape /  Ocean In)
    June 2023 - Marine News page: 2

    conditions threatened to shut down river traf? c on the Mississippi River and its tributaries, during fall and winter 2022 and early 2023. USACE Christopher R. Lape / Ocean In? nity 32 By Tom Ewing 4 Editor’s Note American Commercial Barge Line Underwater Ground Vehicle By Eric Haun 6

  • MR May-23#52  zero-emission operations.” Christopher J. Wier-
largest producer)
    May 2023 - Maritime Reporter and Engineering News page: 52

    a conventional diesel-electric power “Texas is the largest producer of wind energy, and the second plant, enabling zero-emission operations.” Christopher J. Wier- largest producer of solar power in the nation,” he said, adding nicki, ABS Chairman, President and CEO, said, “This project that “many

  • MR May-23#21 ,” said 
and repair. Lt. Col Christopher Driscoll, the chief)
    May 2023 - Maritime Reporter and Engineering News page: 21

    tenders that provide a full range of intermediate maintenance course and a combat-vehicle operators training course,” said and repair. Lt. Col Christopher Driscoll, the chief of staff for MCBCB. The most dramatic change is taking place where the Ma- “With the MOUT facility, as well as the surrounding

  • MR Jan-23#31  is dedicated 
in honor of Christopher Edward 
Cranston, a)
    January 2023 - Maritime Reporter and Engineering News page: 31

    SHIP REPAIR The new boat lift is dedicated in honor of Christopher Edward Cranston, a NYPD Detective who died of a 9/11-related illness in July 2019. [L to R] Jimmy Davis, Bayonne Mayor; Assemblyman William B. Sampson IV (NJ District 31); Kevin O’Toole, Chairman, Port Authority NY/NY; Msgr. David

  • MN Oct-22#55  Hapworth 
Christopher Wiernicki
American)
    October 2022 - Marine News page: 55

    MN ABS American Equity Underwriters HydroComp Adele Hapworth Christopher Wiernicki American Equity ABS Underwriters Through its unique array of software packages and services, M P ARITIME ROFESSIONAL the company now serves more than 1,500 naval architec- tural design ? rms, shipyards, yacht owners

  • MN Oct-22#54 , 
ABS, led by CEO Christopher J. Wiernicki, has en-
ship)
    October 2022 - Marine News page: 54

    brokers to provide USL&H coverage to em- for marine and offshore assets. ployers who are members of ALMA, including shipbuilders, ABS, led by CEO Christopher J. Wiernicki, has en- ship repairers, marine terminal operators, stevedores, marine joyed a standout year, supporting the industry with sig- contractors

  • MR Nov-21#2nd Cover   by hornblower
christopher j. bulera lori stallard)
    November 2021 - Maritime Reporter and Engineering News page: 2nd Cover

    of the following members: conocophillips leidos american fuel & cheniere energy city experiences lockheed martin petrochemical by hornblower christopher j. bulera lori stallard julie nelson stephanie hill manufacturers kevin rabbitt manager, global marine vice president & vp, state & local executive

  • MN Oct-21#68  
MECHANICAL 
ENTERPRISES
CHRISTOPHER 
WIERNICKI 
demonstrating)
    October 2021 - Marine News page: 68

    M N 0 0 1 ADVANCED MECHANICAL ENTERPRISES CHRISTOPHER WIERNICKI demonstrating SubM compliance, on all three U.S. coasts ABS were ABS clients. ABS has been contracted to verify the ABS is one of the world’s largest classi? cation societ- Sub-M compliance of more than 2,200 vessels since the ies

  • MR Sep-21#41  same way. And while 
said Christopher Nemarich, engineering)
    September 2021 - Maritime Reporter and Engineering News page: 41

    is going to bolt “You can’t just put any light ? xture or light on board a ship, up to the same pattern and function in the same way. And while said Christopher Nemarich, engineering manager for ship- there are LED lights that can replace those ? uorescent tube ? x- board electrical systems- lighting and

  • MN Mar-21#23  studies,  This is big news. Christopher J. Connor, president)
    March 2021 - Marine News page: 23

    for construction (or maintenance, billion for FY2030 and thereafter. for example, or navigation), including “new start” studies, This is big news. Christopher J. Connor, president of meaning projects that should be added to the Corps’ list of the American Association of Port Authorities (AAPA) said work

  • MR Feb-21#18  responsibilities can  Christopher Owen, Bios updates)
    February 2021 - Maritime Reporter and Engineering News page: 18

    8. Communication systems. or operating system provider. According to another expert, The thought of having cyber security responsibilities can Christopher Owen, Bios updates should always be vetted be chilling to some and burdensome to others. Personally, through your in house personnel prior to

  • MN Jan-21#16  to passage. The bien-
© Christopher Boswell  / Adobe Stock
16)
    January 2021 - Marine News page: 16

    2020 had been as well, despite terways industry included a 902 cost-limit increase for a few ups and downs along its journey to passage. The bien- © Christopher Boswell / Adobe Stock 16 | MN January 202

  • MN Dec-20#23  of the Mist president Christopher Glynn 
and supplied)
    December 2020 - Marine News page: 23

    TOP BOATS 2020 Maid of the Mist president Christopher Glynn and supplied critical components, in- the Mist ferries is entirely emissions- cluding manual Cavotec ship-to-shore free. “It’s an ideal state that’s not al- battery charging connection that can ways possible, but when it is, it’s really replenish

  • MR Oct-20#27  debt service 
expenses.”
– Christopher J. Connor, President)
    October 2020 - Maritime Reporter and Engineering News page: 27

    to provide a modest $1.5 billion in direct grants to help ports cover operations, equipment, and infrastructure costs, and debt service expenses.” – Christopher J. Connor, President and CEO, American Association of Port Authorities (AAPA) Photo: AAPA sent a 5.4 percent increase over AAPA’s 2016 survey

  • MR Oct-20#26  Relief
Photo: AAPA
By Christopher J. Connor
or most of)
    October 2020 - Maritime Reporter and Engineering News page: 26

    Insights | AAPA 2020 SHIPPING & PORT ANNUAL America’s Ports Need COVID-19 Fiscal Relief Photo: AAPA By Christopher J. Connor or most of 2020, COVID-19 has profoundly altered down in the downward cargo volume spiral they experienced our ways of life. While many aspects of our daily rou- during the ?

  • MR Oct-20#7  debt service expenses.”
Christopher J. Connor
President)
    October 2020 - Maritime Reporter and Engineering News page: 7

    to provide a modest $1.5 billion in direct grants to help ports cover operations, equipment, and infrastructure costs, and debt service expenses.” Christopher J. Connor President & CEO, AAPA p. 26 www.marinelink.com 7 MR #10 (1-17).indd 7 10/7/2020 8:02:08 A

  • MR Oct-20#4  operational and ?  nancial 
Christopher J. Connor is President)
    October 2020 - Maritime Reporter and Engineering News page: 4

    A. Khouri is Chairman, Federal ? rm that specializes in the resolution Connor Maritime Commission (FMC). of technical, operational and ? nancial Christopher J. Connor is President and issues in maritime. CEO of AAPA. MacLennan Rod MacLennan is North P&I Loss Vats Member Fischer Prevention Executive

  • MR Oct-20#2 .S. Ports & COVID-19   
  by Christopher J. Connor, AAPA
42)
    October 2020 - Maritime Reporter and Engineering News page: 2

    Shipping Challenges managing – and protecting – port facilities. by Michael A. Khouri, FMC By Elaine Maslin 26 U.S. Ports & COVID-19 by Christopher J. Connor, AAPA 42 Diversity Drives Growth in Milwaukee 28 Cargo Fumigation Adam Tindall-Schlicht, Director, Port Milwaukee, discusses the pace

  • MN Aug-20#73  Ralph and his sons Karl and Christopher still operate 
challenges)
    August 2020 - Marine News page: 73

    , American representative for Marine in 2015. Today, Karl’s underwriting and claims handling to directly address the son Ralph and his sons Karl and Christopher still operate challenges and intense regulation these employers face. under their fathers’ philosophy remaining dedicated to the Our members

  • MR Jun-20#33 . ShIpbuILdINg
2020
yearbook
Christopher M. Waaler, VP, Engineering)
    June 2020 - Maritime Reporter and Engineering News page: 33

    u.S. ShIpbuILdINg 2020 yearbook Christopher M. Waaler, VP, Engineering, General Dynamics Bath Iron Works “General Dynamics Bath Iron Works’ cooperative participation in the NSRP program is driven by a respect for the complexity of designing and building ships and the recognition that each shipyard