As has been broadly reported, the French government implemented legislation in 2017 requiring employers of French resident crew to pay into ENIM, the French social system fund for seafarers.

THE ISSUE

Applicable to both commercial and private vessels, the intent of the French government
is reportedly to align seafarers with other French residents in regard to social security
protection. By ratifying MLC, France committed itself to providing its resident seafarers
on commercial vessels with access to all nine branches of social security, yet the reality
is that ENIM is only set up to deal with employers rather than individual seafarers and, as
ENIM have stated to us, only an exceedingly small number of foreign employers have
sought to arrange contributions in respect of their French resident crew, leaving many
others with no way of either paying into or enjoying the benefits of the social system
scheme to which they are entitled. The most publicised case which triggered the
legislation was that of the French crew employed on the Condor Ferries services out of
St. Malo. France has attempted to address that flaw in the system by requiring foreign
employers to pay into ENIM in respect of their French resident crew (with certain
exceptions). An employer who fails to fulfil that obligation risks serious sanctions and it is
doubtful that the French authorities will be understanding of employers simply claiming
ignorance as to the residency of their crew.

THE IMPACT

This legislation has, however, had serious economic consequences for France with the
French shipyards as well as many other businesses which depend on the yachting sector
suffering catastrophic losses of business (compounded by separate issues relating to
VAT on fuel). There is also widespread talk of French resident seafarers being avoided
by yacht employers. In a first attempt to stem the bleeding, an amendment was
implemented in January 2018 which allowed employers to use a private scheme rather
than contribute to ENIM but only if the private scheme provides “equivalent protection”
to that provided by the French social security code. This is, however, of limited help
because the French authorities, including ENIM, are resisting any requests for them to
deem a particular private scheme to be compliant and indeed all indications are that this
will not change in the future. As such, any claims from crew insurance providers that a
particular plan is “compliant” in this context should be treated with a healthy dose of
scepticism and caution! Private international schemes serve an important purpose but
they do have limitations too, some of which risk leading to dissatisfaction in the long-run
amongst seafarers relying on them as a stand-alone solution rather than in combination
with a home country social system.

PRACTICAL APPLICATION

Much of the concern surrounding this issue has focused on the fear of port state control
inspections. With limited resources, it seems highly unlikely to us that port state control
inspections will in fact present the greatest risk of unwanted attention by the authorities
in this regard. If an inspector finds a properly maintained Maritime Labour Certificate and
DMLC, it is questionable whether they will be digging any further than that unless there
has been a complaint from a seafarer and that, in fact, is where we see a far greater risk.
So, while it is worth considering carrying a Maritime Labour Certificate and DMLC even if
not required to do so (e.g. the vessel is under 500gt), even more importantly it would be
advisable for employers to ask their seafarers to state their country ties and document
those answers. This could be as brief as asking the seafarer to state their country of
residence but could also encompass other ties such as the repatriation destination and
the country of the bank account to which the salary is being paid. The seafarer should be
required to notify the employer in the event of changes to this information. Where the
answers indicate that the seafarer may be a French resident, advice can be sought and
contributions to ENIM can be arranged if appropriate. Where the answers do not
indicate French residency, the employer now has back-up documentation showing good
faith in the event of the seafarer later seeking to claim that the employer has failed to
arrange the necessary contributions to ENIM. We understand that some employers are
already requiring their seafarers to answer such questions.

WHAT’S NEXT

The French social system rules themselves do talk of the concepts of “stable” and
“regular” residence in France, “stable” meaning that it is continuous for three months or
more (to be documented by, for example, confirmation of rent payments, electricity
bills, phone bills etc.) while “regular” is a requirement for non-EU citizens and means that
the individual must have an appropriate “titre de séjour”. British crew working on a
foreign (non-EU) flagged vessel but living in shore-based accommodation in France are
the sort of situation that does need to be more fully understood on an individual basis
in order to minimise the risk of problems and again a questionnaire about country ties
can help with this.

CONTACT

Looking forward, further developments are expected to try to curb the unintended
consequences to the French economy and seafarers. Meanwhile, any other countries
trying to figure out how to fulfil their social security obligations under MLC will no doubt
be watching carefully in an effort to avoid similar challenges.

For more information, please contact Peter Dudzinski at peterd@mhginsurance.eu or
Mark Bononi at markb@mhginsurance.com.

FORT LAUDERDALE, FL (March 1, 2018) – MHG Insurance, the cruise industry’s benefits specialist, has released a groundbreaking study of the benefits provided by the cruise industry. The exclusive report, titled Cruise Industry Benefits Report, is the inaugural issue and includes a snapshot of the benefits provided across 22 cruise lines along with relevant topics affecting benefits in the industry.

“With the continued expansion of the cruise industry and a full order book for new ships over the next few years, sourcing and keeping your best crew will become more of a challenge as the demand for quality crew increases,” said Edward “Mole” Telfer, MHG’s Cruise Division Director. “The Cruise Industry Benefits Report will be a valuable resource for cruise lines to use when building their benefits strategy. The Report has been a labor of love for us at MHG, as we believe passionately in what we do and want to best prepare our clients for the future.”

The focus of the report is the benefits matrix, a comprehensive list of the industry’s benefits provision. The issue also includes a welcome message from CLIA President, Cindy D’Aoust, Ritz-Carlton Yacht Collection’s Lyall Duncan touches on the importance of benefits when it comes to recruiting and retaining the industry’s best, Global Medical Management speaks to additional ways cruise lines are helping to care for their employees, and Salen Ship Management’s Niklas Peterstam provides a unique perspective as a recruiter and recipient of benefits.

MHG Insurance continues to be at the forefront of developing insurance solutions and products to meet the changing needs of the cruise industry, businesses, and individuals around the world. To receive a copy of the Cruise Industry Benefits Report or to schedule an appointment to review the report and discuss your benefit strategy, please contact Edward “Mole” Telfer at +1 954 828 1819, pr@mhginsurance.com or see us at Seatrade Cruise Global, booth 927.

About MHG Insurance

Established in 1991 in Miami, Florida, MHG Insurance is an independent, global, full service insurance brokerage and consultative facility. Through its extensive relationships with international underwriting markets, MHG develops and provides a full range of employee benefits, risk mitigation programs, business insurance and financial services all supported by comprehensive attention to service support for all of our clients. In the marine community, MHG is well known for its expertise in the Maritime Labour Convention (MLC 2006) and developing MLC-aligned crew insurance solutions. In the U.S., MHG provides group and individual employee benefits along with advice on federal regulations regarding the Affordable Care Act. For more information about MHG Insurance and the services we provide, please visit mhginsurance.com

DOUGLAS, ISLE OF MAN (January 11, 2018) – MHG Insurance announced today that Jack Okell has been promoted to Analyst. In this newly created position, Jack will reconcile the premium and claims experience for any given account, in addition to providing reports to underwriters in the London market.

Jack was studying Mathematics, Statistics and Physics at Lancaster University in England when he joined MHG as part of the Isle of Man Governments STEP scheme, a program which places Manx undergraduates with local businesses for the summer. Previously, he served as a member of the Army Cadet Force, where he learned self-discipline and the importance of working within a team setting.

“Jack previously worked with MHG as an intern, but it didn’t take long for us to realize his importance and value to our team.” said Cathy Lane, Director of European Operations. “Jack has proven eager to learn and gain experience in any setting, and we are excited to watch and support his growth as he takes on this new role with further responsibility.”

MHG Insurance has been providing insurance guidance and solutions since 1991. The company has established an unrivalled reputation for providing quality insurance products that meet clients’ coverage requirements and budget.

About MHG Insurance

Established in 1991 in Miami, Florida, MHG Insurance is an independent, global, full service insurance brokerage and consultative facility. Through its extensive relationships with international underwriting markets, MHG develops and provides a full range of employee benefits, risk mitigation programs and business insurance all supported by comprehensive attention to service support for all of our clients. In the marine community, MHG is well known for its expertise in the Maritime Labour Convention (MLC 2006) and developing MLC-aligned crew insurance solutions. In the U.S., MHG provides group and individual employee benefits along with advice on federal regulations regarding the Affordable Care Act. For more information about MHG Insurance and the services

Cruises are made to be a fun memorable vacation that individuals, couples, and families can remember for years to come. A major part of the cruise industry are excursions. As Tour and Excursion Operators know, one of the first things guests do when stepping onboard a cruise ship is to book all the excursions they plan to take part in. While excursions are often considered one of the most fun parts of going on a cruise, there are still liabilities, and accidents that can happen, which is why waivers should be signed, and you should be insured! Below are some of the most common injuries reported by Tour and Excursion Operators.

Snorkeling

We were notified of 2 separate incidents where the individuals both suffered fatal heart attacks whilst snorkeling. Both had long term medical histories which showed it was effectively ‘natural causes’ and no law suit was filed.

Diving

Seeing the world under the surface of the ocean is amazing. However, there is heavy and expensive equipment involved with scuba diving. Luckily, many places will not let people dive without a proper license, but that doesn’t mean you still aren’t exposed to liabilities upon injuries. For instance, what if someone doesn’t come up to the surface properly?

Animal Bites

Many of the top attractions and excursions throughout the Caribbean include swimming with a variety of sea creatures. Whether it be dolphins, sharks, sting rays, or other fish, accidents can happen, and there have been reports of people getting bitten or stung.

Jet Skis

Jet skis are one of the most thrilling and exciting excursions that people choose to partake in. While they can be a very enjoyable time, such thrills and excitement can come at a cost. Improper use of Jet skis has been responsible for tragic crashes, injuries, or even worse. One of the main causes of this stems from inexperience of the individual that is operating the craft, who aren’t well versed in the rules and laws of the water when it comes to other boats or vessels in the area.

Zip Lines

Last but not least, many believe that the most frequent injuries are sustained on zip lines. While you may be thinking that many of the injuries occur because of a fall that is not necessarily the case. Far more common, is injury that is sustained when reaching the end of the line and impacting against poorly maintained equipment at speed.

Now that you are further aware of some of the accidents that can happen in the Shore-Ex industry, cover your liabilities with Shore-Ex Insurance, also known as Tour and Excursion Operators Liability Insurance. Shore-Ex Insurance is a package contingent liability program designed specifically for tour operators seeking to work with the cruise line industry. If you are interested in purchasing a Tour & Excursion Operators Legal Liability Policy, or simply need some more information contact us at mhginsurance.com or call us at +1 954 828 1819 or +44 (0) 1624 678668. Our team of brokers have the knowledge and experience to consult with you on the best coverage for your budget, and can also assist you with any insurance questions you may have.

Filing an insurance claim can be a confusing and lengthy process. In many cases, people have never been involved in a claim before. They may not think to do things in the moment that may help them later during the claims process. Let us help by offering some tips when filing a Marine General Liability insurance claim.

Call Insurance Agent and Insurance Company

The most important place to start when there has been a loss is with your insurance agent. If you are unsure whether a claim should to be filed, your agent can help. Your agent will collect the necessary information, and guide you with the next steps that you will need to take. Do not hesitate to contact your agent, he or she handles claims daily and will be able to give you advise that can save you time and aggravation.

List All Damages Incurred

Make a list of all the damages that have been incurred. Some damages may not be obvious, and may require further investigation by the adjuster or another trained professional. Make notes of any specifics about the incident like time of day, weather, and people present at the time of the incident.

Take Pictures

Having proof of damage can affect the outcome of a claim. If an incident occurs, take pictures to document the damage to property as soon as possible. This will help the adjuster if emergency repairs need to be completed to prevent further damage. Keep all photos and receipts for emergency repairs in a safe place and be sure to hand them off to the adjuster as soon as possible.

Prevent Further Damage

After assessing and documenting the damages, do what you can to prevent further damages from occurring. Whether that means clearing the area of other materials, or securing machinery, do what you can to limit the extent of the damage. It is also important to exercise caution when trying to prevent further damage. If it is not safe to be in the area, do not risk injury to yourself or others by trying to limit damages to property.

Who Should the Company Contact to Follow Up on Claim?

It is important to organize who will oversee the claims process within your company. Make sure this person has access to certain information about your business that may be needed during the process. Also, having one person be in charge may also make this process more efficient and ultimately help close the claim faster.

Having the proper insurance coverage is crucial for the success of any business, and every business needs coverage specific for its characteristics. If you have any more questions, would like further explanation, want to change your general liability policy to a marine general liability policy, or are interested in any other form of business insurance, please contact us by calling 954-828-1819 or visiting mhginsurance.com. We look forward to assisting you with all your insurance needs.

No matter what type of business you have, every business has unique needs when it comes to liability protection. Especially if your business is conducted near or on the water, such as marinas and shipyards. Marine general liability coverage is necessary for businesses of this nature. There are some businesses who aren’t aware of the difference between marine general liability and commercial general liability. One difference is that commercial general liability policies often include an exclusion for work done on or near water. This is important because if the incorrect policy is purchased, there may be no coverage at the time of a claim. Claims typically happen when you least expect them. The following are three common marine general liability claims. 

Slip and Falls 

We are all familiar with slip and fall accidents. Businesses on or near the water can create more opportunities for wet floors, or other areas of moisture. It is important to have proper signage around your property/building giving warnings of “slippery when wet.” Installing non-skid flooring is another way to help prevent a slip and fall claim. Keep in mind that slip and falls can happen whether there are wet floors or not. No matter how much precaution you take, you still need proper insurance coverage in case of a claim.

Damage to Someone Else’s Property

Just as damages and mishaps can happen on your property, they can happen on others’ property as well. If your business involves employees doing work at a marina, shipyard or private dock, you may be held liable for damage caused by your employee. Properly train your employees, and provide safety procedures that employees are required to follow at every location. Marine contractors that do work involving welding are especially vulnerable to this type of claim.

Pollution Liability

Work done on or near the water involving boats has an inherent risk of a pollution loss. There are state and federal regulations involving pollution both from gasoline and oil. Both substances are used daily in many marine operations. It is very important that the policy include coverage for Sudden and Accidental Pollution Liability. A marine contractor can be subject to stiff fines and penalties for polluting a body of water.

Having the proper insurance coverage is crucial for the success of any business, and every business needs coverage specific for its characteristics. If you have any more questions, would like further explanation, want to change your general liability policy to a marine general liability policy, or are interested in any other form of business insurance, please contact us by calling 954-828-1819 or visiting mhginsurance.com. We look forward to assisting you with all of your insurance needs.

Getting injured on the job is a nightmare for all parties involved. Even more so when that injury prohibits you from being able to work. That’s where workers’ compensation insurance comes in, to protect workers and employers in the event of an injury. Having a workers’ comp policy in place is even more crucial in the marine industry thanks to certain rules and regulations put in place to protect workers and those who are at risk. Depending on what category your business or work falls into, it may not be up to the business owner or decision maker to decide whether they need a workers’ comp policy. Thanks to the United States Longshore and Harbor Workers’ Compensation Act (LHWCA also known as USL&H), those who work in the maritime industry and fall into certain categories, will have coverage that is required by the federal government, not just the state. Having peace of mind when it comes to coverage can help rid your life of the question, “What’s going to happen to me if I’m injured at work?”

What Is It?

The Longshore and Harbor Workers’ Compensation Act is a law that was put in place by the United States federal government to assure the coverage and minimize the impact of injuries and death for employees and their families in the marine industry. It’s no secret that those who work in the marine industry can be seen as higher risk employees due to the jobs they perform. This law requires employers to provide sufficient workers’ compensation coverage since it is often a major expense for most businesses.

What Does It Do?

The Longshore and Harbor Workers’ Compensation Act provides workers’ compensation for anyone working in a marina or on the water. It protects you from injury and occupational disease while on the job. Benefits are only available to those maritime employees who meet certain criteria known as a “Status” and “Situs” test.

Status Test- The Status Test is associated with the with the work that is performed by the employee. Basically, the test decides whether you are performing “maritime” work. This is important because to be eligible for benefits under the act, it must be determined that employees are performing “maritime” work for the employer.

Situs Test- The Situs Test is associated with the location that the employee has performed the work. After determining whether a worker is a maritime employee, they then must determine if the work was performed on, near, or adjacent to navigable water.

How Does This Benefit Me?

The Longshore and Harbor Workers’ Compensation Act gives employees to the power to file claims for injuries that happen while at the workplace. Much of workers’ comp is through state legislation, however being that this one is administered federally, you can have the option to use both your state’s system as well as the federal system, just not at the same time. The Federal Process is a lengthy one, but it’s good to know the coverage is there for when the employees need it. The state coverage can provide benefits while the federal reviews the benefits available under the USL&H laws.

Workers’ compensation insurance should be a top priority for all businesses. If you would like more information on workers’ comp or the LHWCA, or are interested in purchasing a workers’ comp policy, or any other form of property & casualty insurance, or group health insurance for your employees, please contact us at 954-828-1819 or visit us online at mhginsurance.com. Our insurance specialists have the knowledge and experience to cover your company’s risks appropriately.

No matter what type of business you have, every company has unique needs when it comes to liability protection. Especially if your business is conducted near or on the water, such as marinas and shipyards. Marine general liability coverage is necessary for businesses of this nature, however there are some business owners who aren’t aware of the difference between Marine General Liability and Commercial General Liability. So, let’s look at a few reasons why you might need a Marine General Liability policy (MGL) over a Commercial General Liability policy (CGL).

Define the Difference

One easy way to understand what type of policy best suits your business is by defining the different types of insurance.

Commercial General Liability policies protect business owners against third party claims for bodily injury, property damage, damage to premises, fire damage to premises caused by negligence of the insured, and personal and advertising injury (slander and false advertising). These policies are designed for business that conduct their operations on land only. Most contain specific exclusions for work done on watercraft and any work done over water. The standard Commercial General Liability policy will also not extend liability for anyone operating a watercraft or for damage to a watercraft that is in the insured’s care, custody, or control.

Marine General Liability policies will respond to a third party claim for liability in the same way as a Commercial General Liability policy and they will also include coverages designed specifically for those who work at sea. These policies include coverage for marine contractors and others who work on or near water. They provide coverage for the typical liability risks that businesses incur, which are covered in a standard commercial general liability policy, and may be endorsed to offer additional, more specific protection that addresses the more unique needs and potential risks associated with maritime operation, such as:

• Liability when renting or leasing a boat or watercraft. Protection includes property damage to the vessel, as well as pier damage;
• Liability and hazards faced by marina operators, and includes property and structure damage protection;
• Liability met by terminal operators against loss or damage of cargo;
• Liability met by operators and owners of piers or wharves, covering damage to property of others while in their custody, including tugs, tows, cargo and equipment.

Many are Uninsured or Underinsured

Companies may try to save money by choosing a policy with a lower premium. The problem they often face is that they may be purchasing a policy that specifically excludes the work they do on a daily basis. Even if you spend the majority of your time working on land, one project on a ship or over water might lead to a claim that is not covered by a standard Commercial General Liability policy. Your insurance broker should consider your risks, as working around water means specific coverages are needed.

Custom Plans are Available

Marine General Liability coverage can be tailored to include hull and P&I, international liability, contractor’s equipment, and more.  It is essential to seek the advice and information from a trusted, knowledgeable broker, such as MHG Insurance Brokers. The team at MHG Insurance Brokers is well versed in the risks and coverage requirements of those who work in the industry. MHG Insurance Brokers works with you to determine your specific needs and budget, and will create a comprehensive liability package that will meet every one of those needs.

Having the proper insurance coverage is crucial for the success of any business, and every business needs coverage specific for its characteristics. If you have any more questions, would like further explanation, want to change your general liability policy to a marine general liability policy, or are interested in any other form of business insurance, please contact us by calling 954-828-1819 or visiting mhginsurance.com. We look forward to assisting you with all your insurance needs.

Many people in the insurance industry work hard to avoid the bad reputation that insurance typically carries. However, people often jump to negative conclusions about anything involving insurance. Time and time again, we come across people who have the wrong idea of what an insurance broker is and why they are actually advantageous to the consumer. We have heard they are a waste of time, waste of money, and only care about making their commission. Being a dedicated group of insurance brokers, we can tell you that those descriptions are often false! Everyone is entitled to their own opinion, but when we hear information that is incorrect, it encourages us to step in. Do you know what an insurance broker does?

If you know the answer to, then you are already aware of all the benefits of using an insurance broker. If not, learn why you should be using one. Take the time to find a quality, reputable broker to work with you in fulfilling your insurance needs. Not only will it be time well spent in the beginning, but it will also serve you well for the entire time that you have insurance needs, whether you are working on a yacht or wherever your travels may take you.

Brokers Can Offer More of a Selection

One benefit of an insurance broker is the selection of policies and plans. Typically, brokers can help you select insurance from a variety of different companies. Different insurance companies offer different plans, so having access to plans from multiple companies can afford you the opportunity to find the coverage that fits you best.

Also, depending on the insurance brokerage they may sell different types of insurance, allowing you to have a one stop solution for all your insurance needs.

Brokers Do Much More Than Sell Insurance

While brokers may act as the middle man between you and the insurance company, they can be so much more than that. An insurance broker will conduct research for you, file and assist you with the claims process, and work to get you the best coverage option for your situation. Often times a broker has direct connections with decision makers at the insurance companies so you may not have to sit on a 1-800 line for a long time, only to learn someone doesn’t have the authority to help you. Brokers also know which carriers provide consistent service, allowing you to avoid companies that may not deliver the level of care that you deserve at time of claim.

We Work for You

As brokers, we do not work for any insurance company, we work for you! Our goals are to please you, and make sure all you questions and concerns are handled. If you think about it, with all the benefits of using an insurance broker, it is certainly better than just going out and buying a policy from an insurance agent. Will an agent fight for you and your best interests?

Having proper insurance is important in every aspect of life. Whether you are at sea needing international coverage, looking for proper life insurance coverage, going on a vacation, etc. MHG is your specialized broker. Our insurance specialists have the knowledge and experience to find the policy that works best for you. If you are interested in purchasing, or have any questions about marine crew insurance, travel insurance, U.S. life and health, expatriate insurance, or property and casualty, please contact us at

FORT LAUDERDALE, FLORIDA (September 8, 2016) – MHG Insurance announced today that Sherry Wertz has joined the company’s Cruise Division as Administration Manager. Wertz will provide administrative and customer service support to cruise clients while working closely with the Division Manager and Claims Specialist, further developing business relations.

Wertz joins MHG with a tremendous amount of cruise industry experience having worked in various positions both ashore and on board. Most recently, Wertz worked as Senior HR Manager for a staffing company handling crew appointments for some of the world’s leading cruise lines.

“We have been looking for someone of Sherry’s caliber for quite some time to fill this newly created position.” said Edward “Mole” Telfer, MHG’s Cruise Division Director. “Sherry’s career in the cruise industry combined with her management background are exactly what we need to further the capabilities of the cruise division. I’m very happy to welcome her to the team.”

As MHG celebrates its 25th anniversary, the company continues to be at the forefront of developing insurance solutions and products to meet the changing needs of the cruise industry, businesses, and individuals around the world. Most recently, the Insurance Specialists at MHG identified a potential liability risk for cruise line operators and designed a liability plan to fill the gap in coverage.

About MHG Insurance

Established in 1991 in Miami, Florida, MHG Insurance is an independent, global, full service insurance brokerage and consultative facility. Through its extensive relationships with international underwriting markets, MHG develops and provides a full range of employee benefits, risk mitigation programs, business insurance and financial services all supported by comprehensive attention to service support for all of our clients. In the marine community, MHG is well known for its expertise in the Maritime Labour Convention (MLC 2006) and developing MLC-aligned crew insurance solutions. In the U.S., MHG provides group and individual employee benefits along with advice on federal regulations regarding the Affordable Care Act. For more information about MHG Insurance and the services we provide, please visit mhginsurance.com