Aquaculture Insurance

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1 Aquaculture Insurance S, yu ve decided t raise clams, ysters, r the like. This white paper is meant t prvide an insurance starting pint. It will utline the basics and hw they apply, in a brad sense, t aquaculture. We recgnize yu need t watch yur cash carefully and determine which insurance cverages are mst imprtant t yu, s we will als prvide limited cst estimates. I generally classify insurance int what I call sils. There are five main sils. Sil #1: Crp Mrtality If yu are frtunate enugh t be raising clams in Accmack r Nrthamptn cunties in Virginia, r select cunties in Flrida, Massachusetts, r Suth Carlina, traditinal crp insurance is available. This cverage is subsidized by the federal gvernment and cvers lsses t clams fr disease, ice, change in salinity, and ther perils. Fr Accmack and Nrthamptn cunties, prices are arund $300 t $650 per year per millin clams depending upn clam age and level f cverage. That wrks ut t arund 1,500 clams insured fr $1. Additinally, ysters are an insurable crp in Luisiana. N matter where yu raise yur crp, crp mrtality cverage is available thrugh a private market. This insurance is nt subsidized by the gvernment. Price varies depending upn yur farming practices, levels f cverage, crp, etc., but it varies frm 3% t 5% f the insured crp value. The Farm Services Agency has a nice prgram called the Nninsured Crp Disaster Assistance Prgram (NAP). I am tld it is basic cverage and very affrdable. Cntact yur lcal FSA ffice fr mre infrmatin. Sil #2: Prperty Prperty cverage desn t just mean prtecting yur building. It can als cver physical damage t yur cntents, lst incme (in case yu lse a key building), and many ther items. Be sure t understand yur wind and hail deductibles, especially if near pen water. Building: Self-explanatry. Cst is driven by amunt f cverage, age f the building, hw it s cnstructed, hw it s been updated, etc. Near the water, expect t see rates frm 0.5% t 1.0% f insured value. Cntents: Self-explanatry. Cntents are usually cvered nly while at r near the building. Cntents can be yur tls, equipment, inventry, and stck. Rates are the same as that mentined abve. If yur cntents mve arund r away frm yur premises, be sure t talk t yur insurance agent t have them cvered prperly while in transit r away Belle Haven Rd PO Bx 265 Belle Haven, VA Phne Tll Free Fax Web:

2 Business Incme with Extra Expense: If yu lse a building, this cverage replaces yur business lst incme alng with necessary cntinuing and extra expenses while that building is being rebuilt. This is a vital cverage since many businesses that suffer a serius fire r ther disaster cannt re-pen because they dn t have incme in the meantime. They may lse custmers t cmpetitrs during the rebuild. In shrt, building insurance puts yur building back up, but business incme insurance puts yur business back up. Yu dn t need t wn yur building t have this cverage. Miscellaneus Cverages and Ntes If yu perate a hatchery r nursery, ne f yur larger risks is lsing water circulatin due t lss f pwer r equipment failure. In this instance, yur seed clams/ysters r ther stck will likely be excluded frm all cverages, even frm spilage, because they are cnsidered live animals. Yu need special cverage t address this risk. It can be cvered by special cntents cverage, special business incme cverage, r several ther means. Spilage Insurance: If yu keep seafd (nt live) r ther perishables refrigerated and have a pwer utage, this cverage prtects yu fr spilage due t pwer lss (even if n damage ccurred at yur premises), equipment failure, and ther perils. Fld Insurance: Lss by fld is nt cvered under yur prperty plicy. It is that simple. Yu d nt need t be near water t have a fld lss, r t get fld insurance. Emplyee Dishnesty Insurance: Cvers lss due t emplyee theft r ther acts f dishnesty. Data Prcessing (Cmputer) Insurance: Cvers hardware, sftware, and the expense f putting the tw tgether and getting it all back up and running. Sil #3: Liability Liability cverage is what prtects yu fr things yu d r things yu make. General Liability: This is usually the first cverage a startup business asks fr. This cverage prtects yu fr liability as a result f 1) bdily injury, and 2) prperty damage. In ther wrds, if yu hurt smebdy r smething, this prtects yu. There are exclusins fr autmbiles, bats, and wrkers cmpensatin. Fr an aquaculturalist, it means yu have prtectin if a custmer r buyer hurts themselves while visiting. Mre imprtantly, it prtects yu fr yur prducts, such as if smene gets sick n yur ysters r clams. Be sure yur plicy des nt have a virus r bacteria exclusin. Plicies start ut at arund $350/year t $500/year fr a startup grwer. We recently insured a grwer with $225,000/year in sales at $910/year Belle Haven Rd PO Bx 265 Belle Haven, VA Phne Tll Free Fax Web:

3 Umbrella Liability: This cverage is an extra layer f prtectin abve yur general liability. It can als spread ver yur aut liability and wrkers cmpensatin if desired. If yu start supplying a distributr that needs mre than the standard $1,000,000 general liability plicy, this may be what yu need. Prices are arund $1,200 fr the first $1,000,000 in cverage and $600 fr every $1,000,000 after that. The larger yur sales, the mre the premium, because the mre risk the insurance cmpany has. Miscellaneus: Emplyment Practices Liability: Recently, this is ne f the mst requested cverages. Prtects fr liability fr sexual harassment (frm emplyer r ther emplyee), discriminatin, wrngful terminatin, r refusal t hire. Directrs and Officers: Prtects the directrs and fficers f a cmpany fr a variety f acts that are nt cvered under general liability including failure t faithfully discharge the duties f their psitin. Fiduciary Liability: D yu sign checks n behalf f the cmpany? If yu act as a fiduciary in any capacity, yu have an expsure and this cverage prtects yu. Emplyee Benefits Liability: D yu manage any srt f emplyee benefits plan? If s, this cverage shuld be a cnsideratin. Data Breach Liability: D yu retain custmer infrmatin? If s, yu have a respnsibility t guard it. If yu were t lse persnal infrmatin r smene hacks yur cmputer system and steals their identity, yu have a liability expsure. Sil 4: Aut If yu tw yur bat with yur pickup, r deliver yur wn ysters, yur persnal aut plicy may nt cver yu. Mst persnal aut plicies specifically exclude anything having t d with business use. If yu use yur vehicle in a business capacity, be sure t tell yur insurance cmpany. The best way t insure an aut used in a business capacity is with a business aut plicy. Aut plicies are a mixture f cverages because they nt nly insure the vehicle fr physical damage, but yur liability assciated with its peratin. Business aut insurance will cver regular passenger type auts, trucks, trailers, and mst anything else. Business aut plicies need t be written t include all pssible expsures. If emplyees ever drive their wn vehicles n cmpany business (get mail, get supplies, salespeple visit clients, deliver prduct, etc.) then yu culd be liable if they are in an accident. In this case, yu need t ensure yur plicy cvers yu fr "hired and nn-wned liability" Belle Haven Rd PO Bx 265 Belle Haven, VA Phne Tll Free Fax Web:

4 Csts vary widely based n levels f cverage, driver histry, and claim histry. We recently insured ne grwer with tw trucks, liability nly, $500,000 insurance limits, fr $1,365 per year ttal. Sil 5: Wrkers Cmpensatin and/r Jnes Act Due t recent curt cases, it has becme apparent that it is pssible fr an injured aquaculture wrker t sue their emplyer in federal curt under the Jnes Act. State wrkers' cmpensatin will NOT prtect yu, yur emplyees, r prvide any cverage fr Jnes Act expsure. If the injury falls under the Jnes Act, state wrkers cmpensatin will nt apply. Cnversely, if the Jnes Act desn t apply, then state wrkers cmpensatin des. We clearly cmmunicate t ur wrkers' cmpensatin carriers what ur clients peratins entail, hwever that is n guarantee that in the future a claim will nt be denied by an adjuster wh believes Jnes Act cverage applies. The cst t defend a Jnes Act case in federal curt can be $50,000 - $150,000 and up, nt including settlement. Analyze Yur Operatins The first step t determine whether yu need t btain cverage fr the Jnes Act is t see if yu emply any Jnes Act seamen. S, wh is a Jnes Act seamen? In true insurance agent style, ur fficial answer is "Ask yur jury." Curt cases and pinins vary frm ne federal district t anther. Realizing that answer prvides little value, here is what we understand t be a litmus test fr a Jnes Act seamen: 1. Is assigned t a bat r fleet f bats - if all the bats are wned by the same persn, that usually meets the definitin f a fleet, 2. Wrks n cmmercially navigable water - any tidal water that empties int the Chesapeake Bay r the cean fits this definitin, and 3. Cntributes t the functin f the bat - if they pilt it, lad it, unlad it, wrk n it, etc., they cntribute t its functin. If smene des this apprximately 30% r mre f the time, they typically are cnsidered a seaman. Reslutin S, hw d yu plug the Jnes Act hle? The best way t prvide full cverage is t carry bth state wrkers cmpensatin and crew (Jnes Act) cverage. Here are a few pints f interest: The first thing t d is t determine which emplyees yu think are Jnes Act seamen see paragraph abve. Next, get a qute fr A) state wrkers cmpensatin and B) crew cverage Belle Haven Rd PO Bx 265 Belle Haven, VA Phne Tll Free Fax Web:

5 As lng as yu track payrll separately, yu are permitted t break ut payrll/headcunt fr wrkers' cmpensatin and crew cverage. This helps ensure yu dn t duble-pay fr cverage. Just because smene is injured while ashre desn t mean they lse their Jnes Act status. Generally, a Jnes Act seaman is still a Jnes Act seaman as lng as they are in service f the vessel. Hwever, if they are nt in service f the vessel at the time f the injury, chances are that wuld be a wrkers cmpensatin claim. Plicies are nt written by emplyee name. They are based n payrll and/r headcunt estimates. Wrkers Cmpensatin State regulated prtectin that cvers yu and yur emplyees fr injury. It pays fr their healthcare bills and lst wages, while prtecting yur business frm liability fr the same. Mst peple yu pay are cnsidered an emplyee under wrkers' cmpensatin law, despite whether yu pay by 1099 r nt. An emplyee is smene yu pay, smene t whm yu prvide the tls t d their jb, and smene yu tell what/hw t d their jb. If there is a gray area, it will prbably be decided in favr f the emplyee. This cverage typically des NOT cver yu fr suits brught under the Jnes Act. It can prvide such cverage under cde 7016, but at the time this paper was written, that cverage is limited t nly $25,000. Csts Varies based n levels f cverage and claim histry. Als varies widely by state. Fr aquaculture wrkers, Virginia is arund 1.66% f payrll, Suth Carlina is arund 7.57% f payrll. Fr the cde 7016 discussed abve, csts can be 15% r mre. Prtectin and Indemnity (P&I) and Crew Can cver yur bat, liability arising ut f the use f yur bat, and crew. P&I is similar t aut cverage fr yur bat. Crew cverage will prtect the emplyee and the business fr expsures under the Jnes Act. Mst plicies exclude cverage nce the crew is ff the bat (in the water wrking the beds/cages). Fr cmplete cverage, the plicy shuld be endrsed t include cverage when the crew is in the water if pssible Belle Haven Rd PO Bx 265 Belle Haven, VA Phne Tll Free Fax Web:

6 Crew cverage pays fr transprtatin, wages, maintenance, and cure, which is the maritime equivalent f wrkers' cmpensatin. Csts On-Bat-Only crew cverage: The fllwing are frm a cmpany with whm we have negtiated special rates, fr OH, MA, PA, NJ, DE, MD, VA, & NC Hull: 2% - 3% f insured value P&I (bat liability): $500,000 cverage fr $409 per bat per year Crew, n bat cverage nly: $300,000 cverage fr $300 per crew member per year Full Crew Cverage: Hull: 2% - 3% f insured value P&I (bat liability): $1,000,000 cverage fr $1,000 per bat per year Crew: $1,000,000 cverage fr $1,200 t $1,500 per bat per year A "bumbersht" plicy can g ver yur P&I including crew t prvide higher levels f cverage, similar t an umbrella liability plicy. USL&H In the interest f thrughness, we als need t briefly address the United States Lngshre And Harbr Wrkers' Cmpensatin Act (USL&HWCA). This is a separate act frm the Jnes Act and clearly EXCLUDES aquaculture wrkers as being subject t this act. Reference Pamphlet LS-560 at r view the law at and reference sectin 902 definitins. Hwever, this des nt mean yu can t be sued under USL&H. Yu can be sued fr anything. T ensure yu have a measure f prtectin fr USL&H, yur wrkers plicy wuld need t include the crrect USL&H classificatin cdes Belle Haven Rd PO Bx 265 Belle Haven, VA Phne Tll Free Fax Web:

7 Other Expsures/Insurance types t cnsider: Inland Marine: Can cver tls, equipment, machinery, and many ther items. This cverage is usually used fr items that frequently g ff premises. Yu can als cver many kinds f cntents under inland marine, but it may cst mre t d s. The nice thing abut inland marine is that the items cvered are nt tied t a lcatin and fld is a cvered peril. Maritime Emplyers Liability: This prvides prtectin against liability arising frm a variety f expsures under general maritime law. Price varies t widely by business peratins, lcatin, and size f business t prvide generalities. Bumbersht: The same idea as umbrella but ver yur bat and/r crew plicy. Transprtatin: Cvers stck, inventry, r ther prperty while it is being shipped within the US. Ocean Marine: Cvers stck, inventry, r ther prperty while it is being shipped ver the cean. Health, Life, Disability, Lng Term Care: Grup r individual Belle Haven Rd PO Bx 265 Belle Haven, VA Phne Tll Free Fax Web:

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