Feral Jundi

Friday, June 8, 2012

Legal News: Rep. Cummings Introduces Legislation To Reform DBA Insurance Program

Analysis of Labor Department data found that insurers had denied about 44 percent of all serious injury claims — those involving more than four days of lost work. The companies also turned down about 60 percent of contractors who claimed to suffer psychological damage such as post-traumatic stress disorder. The Times sued the government for access to Labor Department records.
“There are clearly serious deficiencies in the health coverage of civilian employees who have been injured while working overseas to keep us safe here at home — costing not only the men and women who are being refused coverage for the treatment they need, but also for the American taxpayers who are footing the bill for their coverage,” Cummings said.

This looks like some good legislation. Thanks to the work of Propublica and others, these insurance loopholes and wasteful practices will hopefully be shut down. It is also atrocious that at one point in this war, up to 44 percent of all serious injury claims were being denied. It is appalling that contractors were treated like this.

So hopefully this law get’s passed and it actually fixes the problem. I like the language in the bill in regards to assessing the law’s effectiveness after one year. If you have anything to add, either in support or against, let us all know.

If you want a great primer on what spurred on this legislation, check out Propublica’s work and there is lot’s of great info on this industry there. If you have any nightmare DBA claim stories, feel free to put that up in the comments section as well. –Matt

 

Cummings Introduces Legislation to Reform Defense Base Act Insurance Program
June 6, 2012
Rep. Elijah E. Cummings, Ranking Member of the House Oversight and Government Reform Committee, introduced legislation today that would save taxpayers huge sums of money by transitioning the existing workers’ compensation insurance system for overseas government contractors away from private sector insurance companies to a federal self-insurance program.
“There is absolutely no reason American taxpayers should be lining the pockets of private insurance companies,” said Cummings.  “This bill would save billions of dollars while improving the ability of contractor employees who risk their lives in war zones to obtain the medical care and support they deserve.”
According to a 2009 Pentagon study, Congress could save as much as $250 million a year by transitioning the existing Defense Base Act (DBA) insurance program to a government self-insurance program.  The study found:  “In the long run, the self-insurance alternative may have the greatest potential for minimizing DBA insurance costs, and it has several administrative and compliance advantages as well.”

(more…)

Tuesday, September 20, 2011

Maritime Security: Marine Insurers Backing Armed Guards As Piracy Threat Grows

Frédéric Gallois, the deputy general manager at Gallice Security, a specialised security firm, said that keeping a team of four armed agents on board a vessel can cost between $4,000 and $8,000 a day.
Paul Tourret, the director of Institute Supérieur d’Économie Maritime, ISEMAR, a research institute that specialises in sea-based economic activities, estimated that the extra costs to a ship due to the risk of piracy can reach up to $50,000 a day.- Link to quote here.

That is an interesting quote up top, and I am always on the look out for cost estimates on transits. ISEMAR specializes in sea-based economics, so I tend to perk up when think tanks like this put out figures. Although on their website, I was not able to find any documents about armed security costs.  Perhaps some of my french readers could help me out here?

But the real story here is the one below.  That insurers are now getting behind the idea that armed guards on boats is a heck of good idea, compared to their other options. Or compared to the future of West’s navies.

They mentioned below about the defense cuts of Western navies, and the reduction of force size over the coming years. This is a very important point to bring up when it comes to today’s anti-piracy efforts. Eventually today’s war planners and strategists will come to the realization that using large Destroyers to take out tiny little pirate boats is not exactly cost effective. Especially when those navies still continue to falter when it comes to protecting commerce.

Cook said private firms would play an increasing role as navies face spending reviews, citing prospects of a 30 percent decline in the size of Western navies in the next 20 years. “They’re taking the policemen off the block,” he said.

The other statistic that was interesting was this one from ISEMAR. I would have thought that number would have been bigger? Especially if Peter Cook of SAMI said he has 58 member companies? I would be curious if SAMI or any other maritime groups agree with this number?

French maritime economics institute ISEMAR said there were about 1,000 private guards being employed by ships to counter Somali pirates.

Finally, with all of the increased use of armed security, the reduction in naval forces, and increase in pirate attacks and complexity, I have to think that the legal authority for how armed security is used will change. I have argued in the past that defense industries do not profit from the end of their venture. That they profit if the client they protect, continues to be attacked and threatened. But with offense industry, a different market force is set up to where companies profit from the ‘destruction of an enemy’ that threatens a client. That an offense industry work’s itself out of a job.

When countries really think about it, and try to understand what the economics are with how the pirates operate, and how private force ‘could’ operate to counter it, perhaps there might be some pragmatic choices made on the legal front? The question is, how do you reduce the numbers of pirates and attacks, and how can private industry be used to accomplish such a thing?

Specifically, I suggest to bring back the Letter of Marque and Reprisal, and create an offense industry to ‘expulsis piratis, restituta commercia’. It is the legal ‘sledge hammer’ in the tool box of states, and it is just sitting there getting rusty.  As piracy becomes better funded, more violent, more organized, and more rampant, eventually states will have to re-evaluate what is ‘inherently practical’; and change their view on what is ‘inherently governmental’ in order to stop this. –Matt

Marine Insurers Backing Armed Guards as Piracy Threat Grows
By Gus Trompiz
September 20, 2011
More ship insurers are backing the use of private armed guards on merchant vessels at sea to combat Somali piracy as attacks and the resulting costs are set to rise in coming weeks, industry officials said on Tuesday.
Pirate attacks on oil tankers and other ships are costing the world economy billions of dollars a year and navies have struggled to combat the menace, especially in the vast Indian Ocean. Seaborne gangs are set to ramp up attacks in the area after the monsoon season ends.
A famine crisis in Somalia could also draw more people into piracy, marine insurers said.
“Piracy is clogging the arteries of globalization,” said Emma Russell with underwriter Watkins, a member of the Lloyd’s of London insurance market. “No vessel with armed guards has yet been taken,” she added.
Industry delegates at the annual conference of the International Union of Maritime Insurance (IUMI) said there were more than 20,000 transits a year in the Gulf of Aden and the Indian Ocean.
Speakers at the conference said the hiring of private armed guards to accompany ships is increasingly seen as an effective deterrent against pirates and as a complement to overstretched navies, many of whom face budget cuts.
Ship owners and insurers have until recently been reluctant to accept the use of armed private contractors. They have hesitated partly due to legal liabilities and risks, including the problem of bringing weapons into some territorial waters and due to the fear of escalating violence.

(more…)

Wednesday, February 16, 2011

Maritime Security: ICS Changes Policy, Backs Private Armed Guards To Beat Pirates

     Polemis said the decision had been made during a meeting in London last week because “many shipping companies have concluded that arming ships is a necessary alternative to avoiding the Indian Ocean completely, which would have a hugely damaging impact on the movement of world trade.” 

     This is big folks.  News like this can invigorate the demand for armed private security on boats and really fire up this aspect of the industry.  Which is good, because there are a ton of capable veterans/security specialists out there ready to jump on this stuff.

    Hell, with most of these maritime contracts being very short in duration, I could see guys actually planning to do a contract here or there just for a change of pace from Iraq or Afghanistan.  But on the down side, these short term contracts are what turns off some folks.  Meaning sometimes guys like stability within their contract, and they like to hang their hat on a good gig for awhile.

     And for the guys that are truly experienced and qualified to do this stuff, they will require a price to match or exceed what they would be earning for their efforts in Iraq or Afghanistan. The quotes I am hearing for pay for these types of gigs is kind of low if you ask me. Like I said, if the industry expands and there is a high demand for qualified individuals, the companies/clients will have to pay the price.  Because in this industry, you get what you pay for.

    What will really be exciting is to see what companies rise to the top as the best private naval companies? It will really be interesting to see how this private navy backed by JLT turns out?  Perhaps these talks are connected to the efforts of this insurance company and we will get some more scoop on their operations in the near future?

     Either way, I am glad to hear that the ICS (which represents around 80 percent of the world’s merchant fleet) has changed their minds and listened to reason in regards to armed guards on boats. It is the right thing to do and this industry will certainly do what it can to meet their needs. Plus, the economics of continuing to pay ransoms and fueling a piracy industry or the amount of time and money lost by re-routing ships in order to avoid this piracy scourge is also a huge factor in making this decision. –Matt

The Voice of International Shipping

The International Chamber of Shipping (ICS) and the International Shipping Federation (ISF) are the principal international trade association and employers’ organisation for merchant ship operators, representing all sectors and trades and about 80% of the world merchant fleet.

15 February 2011 – Shipping Industry Changes Stance on Armed Guards

ICS – whose Executive Committee comprising representatives of national shipowners’ associations from over 30 countries met in London last week – has decided to clarify its stance on the use of private armed security guards to defend merchant ships against attacks by Somali pirates. ICS members have also identified a vital need for the military to disable the hijacked ‘motherships’…

Best Management Practices to Deter Piracy in the Gulf of Aden and off the Coast of Somalia

Website for ICS/ISF here.

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Shippers back private armed guards to beat pirates

Feb 15, 2011

The International Chamber of Shipping (ICS) has changed its policy on private armed guards, and now accepts operators must be able to defend their ships against rising pirate attacks, the chamber said on Tuesday.

The ICS, which represents around 80 percent of the world’s merchant fleet, has so far discouraged its members from the use of private armed guards on its vessels.

“ICS has had to acknowledge that the decision to engage armed guards, whether military or private, is a decision to be made by the ship operator after due consideration of all of the risks, and subject to the approval of the vessel’s flag state and insurers,” the Chairman of the London-based ICS, Spyros M Polemis said in a statement.

Polemis said the decision had been made during a meeting in London last week because “many shipping companies have concluded that arming ships is a necessary alternative to avoiding the Indian Ocean completely, which would have a hugely damaging impact on the movement of world trade.”

(more…)

Wednesday, February 9, 2011

Industry Talk: CIGNA Provides Access To Health Care For Workers On Military Bases In Afghanistan

     This is excellent news and I am glad CIGNA is providing this access. It sounds like about 20,000 folks will benefit from this latest move. –Matt

CIGNA Provides Access to Health Care for Workers on Military Bases in Afghanistan

February 08, 2011

Customers now have access to high-quality medical care on military bases in Afghanistan through new agreements establishing onsite health care clinics on the Kandahar and Bagram air bases. The new clinics serve government contractors and other employees working in Afghanistan and are endorsed by the U.S. military, which, in 2008, began encouraging contractors to develop alternatives to military hospitals for routine care. CIGNA covers approximately 20,000 customers currently in Afghanistan.

To make the clinics possible, CIGNA, the global leader in benefits for expatriates and other globally mobile individuals, forged new relationships with TMH Medical Services and Onsite OHS to establish two health care clinics on the Kandahar air base. In addition, through CIGNA’s arrangement with Onsite OHS, a clinic will open soon on the Bagram air base.

”CIGNA is responding to our clients’ concerns and has already taken important first steps to make primary medical care more accessible for those assigned to work in Afghanistan,” said Timothy Blevins, chief network officer for CIGNA International Expatriate Benefits (CIEB). “We want to ensure that all customers, wherever they live or work, have easy access to high quality, affordable health care.”

(more…)

Friday, October 8, 2010

Maritime Security: Ascot Underwriting Agrees To Join JLT’s Fight Against Somali Pirates

     Here is an update to the whole private navy thing. This is an important step to the process, and they are getting all their ‘ducks lined up in a row’. What these guys are waiting on now is for the British government to approve this. And get this, there might be a chance for an issuing of the Letter of Marque. It was discussed by some industry folks on that video I posted, and I am sure that conversation has been had elsewhere throughout this whole process?

     If this happens, this would be a very significant event in terms of the legal use of private industry for actions such as this. The historical significance would equally be awesome. Who knows and I will keep an eye out on this one. If anyone comes up with anything interesting, by all means let me know. –Matt

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Ascot agrees to join JLT’s fight against Somali pirates

07-10-2010

By Sam Barker

£10m joint venture would create fleet of armed patrol boats

Lloyd’s insurer Ascot Underwriting is working with JLT on the broker’s plans for a private navy to protect ships against Somali pirates.

The £10m JLT proposals would create a fleet of around 20 armed patrol boats to protect ships from Somali pirates. Ascot has proposed to underwrite the shipping escorted by the JLT private navy.

Ascot underwriter for marine hull Andrew Moulton said: “We have been working with JLT to provide a framework of potential insurance coverages in the event that the convoy escort programme receives support from the wider shipping community and, most importantly, gets the backing of EU Naval Force Somalia.”

(more…)

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