1. Forms
  2. WC
  3. WC-00-02-01

What it does

Part Two exclusion 10 of the standard policy removes bodily injury to a master or member of the crew of any vessel. Under the Jones Act (46 U.S.C. 30104) an injured seaman may bring a civil action against the employer, with FELA's railway-employee rules applying, and maritime law adds duties such as maintenance and cure. WC 00 02 01 B (Ed. 1-15) changes Part Two so that it covers crew injury arising from the work described in Item 1 of its Schedule.

Key provisions

  • Territory: injury must occur within the territorial limits of, or on a vessel sailing directly between ports of, the continental United States, Alaska, Hawaii or Canada.
  • Exclusion 13: no coverage for injury covered by a Protection and Indemnity (P&I) policy issued to or for the insured, even if that policy does not pay because of a deductible, other-insurance or limitation clause.
  • Exclusion 14: transportation, wages, maintenance and cure are excluded unless a premium is shown in Item 2 of the Schedule. Punitive damages tied to those duties are excluded even when the premium is paid.
  • Defense: suits in rem against a vessel the insured owns or charters are treated as suits against the insured.
  • Limits: separate each-accident and disease-aggregate limits in the Schedule; disease is deemed to occur in the state of the vessel's home port.

Who needs it

NCCI's instructions call for this endorsement when the employer has maritime exposure and no P&I policy, or a P&I policy that does not cover all its operations. It is written under Program I (employers liability only) or Program II (combined with state or USL&H benefits through WC 00 02 03).

Quoting and selling notes

  • Ask for a vessel schedule (size, type, ownership, waterways), crew counts and whether a P&I policy already exists. Coordinate so crew injury is insured in one place.
  • Transportation, wages, maintenance and cure are covered only if a premium is shown in Item 2; otherwise confirm the P&I policy picks them up.
  • Workers who are not crew (dock and yard workers) belong under USL&H (WC 00 01 06). Occasional crew status for land workers can be addressed with WC 00 02 04.

Related forms

Voluntary compensation maritime WC 00 02 03; limited maritime WC 00 02 04; USL&H WC 00 01 06.