Controlling Consequences in the Wake of a Marine Casualty Selecting a Maritime Attorney USCG Marine License Insurance:

Well, you almost made it through your merchant mariner career without any issues. But fate had other plans, you ‘ran out of water’ and your vessel grounded. Or perhaps that bridge ‘came out of nowhere’ causing an allision with your vessel. Whatever the maritime casualty, your day is ruined… So, what now?

The regulations are clear on required actions that you need to immediately notify the nearest U.S. Coast Guard Sector/Command, followed by a written casualty report (CG-2692) submission within five (5) days. Sounds simple. But what will follow will be time-consuming and expensive. We refer to a U.S. Coast Guard marine casualty investigation and potential Suspension and Revocation (S&R) enforcement action. As a professional mariner, you have the knowledge and skill to do what you do afloat. Yet, you should not face the U.S. Coast Guard alone and risk running aground again (in that arena)! This is where Marine License Insurance comes in…are you covered?

Consider a recent marine casualty where a tanker exploded at the dock resulting in severe injuries and damage to the vessel. After reporting the incident to the USCG and taking care of all emergency requirements aboard, the Master decided to visit the local hospital for an evaluation. While at the hospital, he received a call from the USCG Investigating Officer requesting to interview him at the vessel as soon as possible. As a licensed officer you are required to cooperate with the USCG in any marine casualty investigation, and failure to do so could result in S&R actions against you. But, not to incriminate yourself. The Master smartly contacted maritime counsel for assistance. They are familiar with the USCG maritime casualty investigation process and requirements. They quickly contacted the USCG Investigating Officer, explained that the Master was at the hospital, that there was no ongoing emergency, provided the USCG with preliminary evidence they needed, and requested to adjourn the interview to a later date convenient to all involved. They also offered to accept a subpoena for production of the Master at a later date. The USCG agreed and adjourned the interview of the Master to a later date without a subpoena. This resulted in much needed peace of mind for the Master and provided additional time to review the incident and prepare for the USCG interview. Marine License Insurance would cover this!

There’s also the case where a Docking Pilot on an outbound Ro-Ro vessel came into contact with a barge in vicinity of the marked channel, causing damage to the barge and vessel. The Pilot contacted a maritime attorney for assistance. They directed the Pilot to document everything on the bridge, including taking photos of charts, pilot card, logbook, and radar screens. They reviewed all evidence and VDR recordings and were able to establish that the barge had encroached the navigation channel, and that the Ro-Ro’s Master and Helmsman failed to properly execute the maneuvering commands of the Docking Pilot, due to language difficulties. This resulted in a full exoneration of the Pilot and no licensing action against him by the USCG or the local Pilot Commission. Marine License Insurance would cover this!

Thirdly, consider the surprise a Master of a tanker received when he opened his mail to find a request from the USCG for an interview regarding his alleged failure to report a marine casualty and to submit a written report (CG-2692). The letter warned the Master that the USCG would initiate S&R action against his mariner credential. The Master reached out to a maritime attorney for assistance including handling the S&R action. The marine casualty – a personal injury to a crewmember – had occurred over a year and a half prior. The failure to report was discovered when the Master’s employer conducted an audit of its internal files and notified the discovery to the USCG. We were able to demonstrate that the Master promptly reported the incident to his employer, who in turn relieved the Master of further reporting. Even more, we demonstrated that the employer had written procedures dealing with reporting of marine casualties, wherein the employer undertook the responsibility for reporting casualties and submitting written reports. This resulted in the USCG ceasing S&R actions against the Master. Marine License Insurance would cover this!

These sample cases were handled by maritime attorneys, Richard Gonzalez, Esq., LL.M. and James E. Mercante, Esq., Gallo Vitucci Klar LLP, 90 Broad Street, 12th Floor, New York, NY 10004, at 212-683-7100; or visit https://www.gvlaw.com/.

Having the best available Maritime Legal Representation is essential but expensive! Especially when involving S&R investigations and hearings. Costs can soar into thousands of dollars in a very short time, underscoring the critical need for marine license insurance. Marine license insurance serves as a crucial safety net to you. 

Consider some of the services that MOPS Marine License Insurance provides: 

Swift Responsiveness

• Provides you with the professional and personal attention that you need, round the clock and year-round. 
• A dedicated, experienced and knowledgeable team familiar with maritime vessel operation, investigations, and ready to spring into action at a moment’s notice.
• Responsiveness proves particularly critical in the chaotic aftermath of a marine casualty.
• Prompt action could mean the difference between you speaking with a seasoned maritime attorney within minutes of an incident, or getting caught in a cumbersome, bureaucratic investigation or claim reporting process, waiting hours or days for a call back.

Worldwide Coverage

• Casualties do not respect demarcation lines… In your time of need, maritime attorneys will be ready for you anywhere.

Appointing the RIGHT Legal Expertise

• Ensures that it appoints the RIGHT maritime attorney for your needs, and ensures you are receiving the specialized legal support you need, tailored to the complexities of your specific case.
• Pairs mariners with maritime attorneys who are well acquainted with the workings of casualty investigation at multiple levels, including the U.S. Coast Guard, State pilotage authorities, foreign agencies, NTSB, and USNS/MSC.
• Maritime attorneys that have experience in formulating effective defense strategies to protect your interests and MMC.
• Network maritime attorneys include MMC holders, pilots, commissioners, military veterans, and even former U.S. Coast Guard marine casualty investigators.

Collaborative Process

• Develops a strong bond between itself and the maritime attorneys in its network. This bond is cultivated over many years of close interaction and collaboration.
• A collaborative approach seeks to enhance the likelihood of a favorable outcome in an S&R hearing, and to reduce the stress and uncertainty often associated with maritime legal proceedings. You are the ultimate beneficiary of this collaborative process.

Why MOPS Marine License Insurance?

• You must carefully consider the best marine license insurance company for your specific needs. Your selection should not only ensure sufficient financial coverage but also ensure that you have confidence that when the worst happens, access to experienced professionals, who understand the unique risks and challenges of the maritime industry, will be immediately available for you. 
• MOPS and its network of maritime attorneys are there to work with you, provide you with the best guidance, and to obtain the best result possible for you.

By providing access to a dedicated, knowledgeable team 24/7/365, and promptly connecting mariners with experienced maritime attorneys specialized in license defense, MOPS Marine License Insurance goes the extra mile to safeguard your USCG license.

For professional mariners navigating treacherous waters, MOPS stands as your beacon of reliability and support.

For more information about why MOPS Marine License Insurance is the right insurance company to safeguard your, license, livelihood and professional reputations, please call (516) 431-9191, then press 3 or visit https://www.mopslicenseins.com/.

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