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Author Topic: California Admiralty Classifications  (Read 4373 times)
 
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TommyAudit
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« on: October 06, 2008, 11:10:57 AM »

Hello all,

I have been trying to figure out what code applies to crew members of a private yacht in California, but I am coming up short.  Huh?

The yacht is more than 15 tons, and in other states, I believe that either 7016, or 7038 would apply for Program I coverage.  I was told that some of the brains that lurk this board are from Southern California and/or the Long Beach area, so hopefully somebody has got a brilliant answer for me! <Crossing Fingers>

Thanks in advance for any help you can offer.

Tom
« Last Edit: October 06, 2008, 04:04:33 PM by TommyAudit » Logged
beancounter
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« Reply #1 on: October 06, 2008, 04:31:27 PM »

Hi Tom!

Wow, that's a good one!  Here's my understanding (hopefully, someone else can shed more light on this for us all):

I'm assuming from your question that you don't have a maritime policy.  In that case, it seems to me underwriting needs to decide if they will issue a maritime policy for the exposure.

If the policy you're auditing doesn't develop payroll in CA, then I think your rules are different from CA.  NCCI has various classifications applicable to operations subject to the Admiralty Law.  So, if the exposure you're auditing is only for maritime employment, even though the yacht operates here, there is no exposure under the California workers' comp act.  If underwriting will cover it, it seems 7038 would apply if there is no designated schedule or fare-paying passengers (otherwise, 7016).

If you're auditing a policy which does develop CA payroll, since there are no codes for maritime operations, you would just exclude the payroll from a standard CA comp policy and alert underwriting.  If a maritime policy was issued for the exposure, you would just assign per the policy.  I believe underwriting has carte blanche to assign as they wish, because there would be no Unit-Stat Report filed with the WCIRB for any maritime exposure.

I hope that's helpful Tom.  Please let us know how it turns out  Wink
« Last Edit: October 06, 2008, 08:57:41 PM by beancounter, Reason: further research » Logged

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« Reply #2 on: October 06, 2008, 11:04:23 PM »

Long day today, sorry. 

Here's my two cents...

Masters and members of crews of sailing vessels are not covered under state workers´ comp acts or under USL&H, and standard policies should include or exclude these operations by endorsement.

Per the PAAS class guide, code 7038 applies to Program I for the operation of private yachts whether sail or power, and includes all operations on board the ship, including maintenance and fueling.  This applies in all states other than California, Delaware, Pennsylvania, & Texas.  As Beancounter states above, this exposure would be excluded from a standard California policy.

If there's no endorsement, underwriting is probably unaware of the exposure.  I would suggest contacting them.  Document the payroll in case they decide to cover it.

Hope that helps  Smiley
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« Reply #3 on: October 14, 2008, 04:25:06 PM »

Thank you both for your responses!

Ultimately as both of you seemed to indicate, it was determined that CA WCIRB doesn't get involved with the issue, so it was up to the underwriting department.  In this case, the carrier has a code "filed" with an a-rate to be determined by the underwriter for this exposure.

So basically, from what I have learned, in CA, it is up to the carrier to assign a code and rate for masters and members of crews (maritime exposure), as any claims would likely fall under the Employer Liability section of the standard policy.

Thanks again to both of you for your responses!  I know this was a bit of a strange one!

Tom
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« Reply #4 on: October 15, 2008, 10:37:46 AM »

Any time, Tom -- hope we were of some help.  Thank you for posting the result so others can learn from this as well.  Wink
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