Rule

34-080

Schedule

8570

Subject

Insurance

Effective

October 1, 2021

Issued

August 24, 2021

The charges provided in this schedule do not include any expense of property insurance covering owner’s interest in the property, nor shall such insurance be effected by the Authority under its policies.

All Users, including but not limited to Ocean Carriers, Stevedoring Firms, Ships’ Agents, shall, at their own cost and expense, maintain and shall provide evidence that the following insurance coverages are in force covering their operations on Authority terminal facilities. All such insurance shall be issued by an insurer or insurers licensed or authorized to transact insurance in the State of Georgia. Users agree that certificates of insurance shall be maintained on file with the Authority and that new certificates of insurance shall be furnished to the Authority upon any changes in the Users’ insurance coverages. Such certificates of insurance shall be in a form acceptable to the Authority and shall show the policies include all coverages and endorsements required.

I. General
(A) Workers’ Compensation and Employer’s Liability Insurance covering all persons in the employ of User. Such insurance shall be provided in accordance with all applicable federal and state laws. Employer’s Liability Insurance limits shall not be less than Five Hundred Thousand ($500,000.00) Dollars per accident and Five Hundred Thousand ($500,000.00) Dollars per employee for disease claims. The policy shall include an endorsement waiving the right to subrogate against the Authority

(B) Commercial General Liability Insurance (including broad form contractual liability coverage) to cover User while on Authority property and/or while performing work on Authority property, from any and all claims for damages arising out of bodily injury, sickness, or disease, including wrongful death, or property damage, or personal or advertising injury, which may result from its operations. Commercial General Liability Insurance shall be in the amount of not less than One Million ($1,000,000.00) Dollars combined single limit for Bodily Injuries and Property Damages arising out of any one incident; or not less than One Million ($1,000,000.00) Dollars applying separately to Bodily Injury and to Property Damage Liabilities, if the policy is issued with separate limits.

The policy shall also include an aggregate of at least Two Million ($2,000,000) Dollars. The policies shall provide protection at least as broad as that provided by the most recent edition of the Commercial General Liability Policy promulgated by the Insurance Services Office (ISO), and shall be underwritten on an occurrence basis only. The Authority shall be named an additional insured with respect to the Commercial General Liability policy and shall include a waiver of subrogation in favor of the Authority
.
(C) Automobile Liability Insurance to cover any auto owned, leased, borrowed or otherwise used by the User. Automobile Liability Insurance shall be in the amount of not less than One Million ($1,000,000.00) Dollars combined single limit for Bodily Injuries and Property Damage Liabilities or if the policy is issued with separate limits, the limit shall not be less than One Million ($1,000,000.00) Dollars for Bodily Injuries and One Million ($1,000,000.00) Dollars for Property Damage Liabilities. The policy or policies shall be as least as broad as that provided by the latest edition of the Business Automobile Policy promulgated by the Insurance Services Office (ISO).

(D) If any boats, barges, ships, or other watercraft are used in connection with the work to be performed on Authority property, User shall provide (a) Protection and Indemnity Insurance and (b) Hull Coverage with the running down clause covering such watercraft. The policy limit for the Protection and Indemnity policy shall be One Million ($1,000,000.00) Dollars for each accident, and shall include coverage for Jones Act/crew and for wreck removal. The Protection and Indemnity policy shall be endorsed to name the Authority as an additional insured.

(E) Property or Inland Marine Insurance shall be carried by and be the responsibility of User as User may deem advisable on any personal property, cargo, equipment, furnishings, additions and improvements, betterments, or any other property stored or maintained within or attached to Authority terminal facilities by User. Except as caused by its own negligence, the Authority is not responsible for personal property, cargo, equipment, furnishings, machinery, additions or improvements, betterments, or any other property which is owned by User or in the User’s care, custody, or control.

(F) The insurance required herein shall be endorsed to provide that it is primary with respect to any insurance carried by the Authority and no insurance coverage of the Authority shall be called upon to contribute to the payment of any losses that would otherwise be paid by User or covered or paid by the User’s insurance.

(G) The above insurance policies shall remain in full force and effect and shall not be canceled, allowed to lapse or allowed to expire until a minimum of thirty (30) days after the Georgia Ports Authority, Risk Management Department, Post Office Box 2406, Savannah, Georgia 31402, has received written notice thereof. The Authority reserves the right to modify insurance requirements herein at its discretion.

II. Ocean Carriers 

In addition to insurance requirements listed above in “I.General,” Ocean Carriers calling the Georgia Ports Authority must also, at their own cost and expense, maintain and shall provide evidence that the following insurance coverages are in force covering their operations on Authority terminal facilities.

(A) Ocean Carriers shall provide to the Authority evidence of Protection and Indemnity and Hull Coverage with the running down clause covering any watercraft used in a service calling the Authority. Such coverage shall include wreck removal. The policy limit for the protection and Indemnity Coverage shall be not less than Five Million ($5,000,000.00) Dollars for each accident and shall include Jones Act/crew coverage.

III. Stevedoring Firms
In addition to insurance requirements listed above in “I. General, “Stevedoring Firms must also, at their own cost and expense, maintain and shall provide evidence that the following insurance coverages are in force covering their operations on Authority terminal facilities.

(A) United States Longshore and Harborworkers Act coverage, and such coverage shall include an endorsement waiving the right to subrogate against the Authority.

(B) Terminal Operators Legal Liability coverage in an amount of not less than Five Million ($5,000,000.00) Dollars to cover Stevedoring Firm’s operations on Authority terminal facilities. The Authority shall be named an additional insured with respect to the Terminal Operators Legal Liability policy.

(C) If Stevedoring Company provides vessels or other floating equipment in connection with its work, it shall provide to the Authority evidence of Protection and Indemnity and Hull Coverage with the running down clause covering any watercraft used. Such coverage shall include wreck removal. The policy limit for the Protection and Indemnity coverage shall be not less than Five Million ($5,000,000.00) Dollars for each accident and shall include Jones Act/crew coverage. The Protection and indemnity policy shall be endorsed to name the Authority as an additional insured.

IV. Helicopters

In addition to the general insurance requirements listed in Section I of this rule, all users that operate helicopters on and in the air above the Authority’s terminal (s) shall, at their own cost and expense, maintain and provide evidence of valid aviation liability insurance. Aviation liability insurance must be in force and cover the user’s operations on Authority terminals. A certificate of aviation liability insurance (along with a completed Helicopter Right of Flight Entry Request Form) must be sent to the Risk Management Department at [email protected].