From the Front Lines: Marine

Elliot Leitenberg

Commercial Large Risk Adviser
Morse Insurance Agency
Longwood, Florida

How did you get started at your agency?

I used to be a schoolteacher. I was mentored by the owner here, Bruce Morse, after we discovered we share a common passion for waterskiing.

Why marine?

I love boats, boating, and everything about the water.

Biggest marine challenges?

Maritime employers’ liability and longshore risks. There are obscure rules that make education and protection of the client challenging. For example, the Last Responsible Maritime Employer rule states that the last employer to hire an employee inherits injuries from all other employment. This also happens in normal workers comp, to an extent, in terms of aggravating an existing injury. With maritime, however, this rule takes away the “aggravation” part.

Another challenge for agents is that many employers don’t know they need maritime employers’ liability or longshore until a contract requires it. They don’t look for the insurance as a necessary protection response to injury, but instead as a prerequisite to qualify for a particular contract. If a contractor is working on vessels and docks, for example, they may let coverage lapse—or not carry it at all—if they believe it’s not required for the job. But they’re failing to separate their real risk and liability factors from their eligibility to win a particular bid.

Common marine misconceptions?

That it’s all the same as other property and liability insurance. The truth is there are so many unique aspects with unique risk characteristics. Because water is in such close proximity to workers, you have a potentially deadly hazard dependent on many variables. A simple slip and fall can easily become a drowning, depending on the employee’s ability to swim, what clothing they are wearing, what safety mechanisms are in place, and more.

Future of marine?

I think it will keep growing and liability will get costlier as attorneys become more aware of opportunities to litigate. I believe attorneys will be suing against maritime employers’ liability policies as well as agents’ errors & omissions in cases where the employer was accused of negligence by failing to protect the employee from known hazard. The employer would sue the agent for not adequately explaining and documenting the insurance risks and protections available for purchase.

Favorite marine success story?

Two, actually. One is when I secured coverage for a retail watersports store that sponsors and takes part in waterski tournaments. It needed to name tournament organizers as additional insureds. The other is when I secured coverage for a dive package tour operator whose employees regularly dive familiarization trips as part of their employment contracts. They needed to carry coverage for maritime employers’ liability and longshore.