Maritime Law vs. Insurance Law: What Florida Business Owners Should Know

Florida is known for its sunshine and beautiful coastline. Boats and large vessels move through our state’s waterways all day, every day. Whether it’s for recreation or business, accidents can happen. Injuries and even death can be the result. Understanding the difference between maritime law vs. insurance law can help when your business faces a claim. Local waters are different than those of the Pacific Ocean or the Gulf.

Wilson, Washburn, & Forster Insurance, Inc. understands when it’s a maritime law case and when it’s not. Our team can assist you in reviewing your coverage so you can feel confident that your business is protected on all the waterways in and around Miami, Fort Lauderdale, and Palm Beach. We don’t want you to take a chance or be underinsured. We have decades of experience working with businesses across South Florida. Let us help you reach your goals and protect your business.

What Is Maritime Law?

Maritime law is the federal statutes that are in place for vessels traveling off the coast of the United States. For Florida, this means the ocean, the Gulf, and the rivers connecting to the open sea. There are strict rules for commercial boats carrying passengers or products. This is different than the insurance laws in Florida, which govern your employees on land or in the closed lakes and other bodies of water away from the shoreline.

If the boats and other vessels for your business go three miles or more off the coast of South Florida, you need a maritime attorney to address your insurance protection. They can help you avoid overpaying or not having enough to cover a Florida maritime accident.

Registered Vessels and Boating Accidents in Florida

According to the boating accident statistics from the  Florida Fish and Wildlife Conservation Commission, in 2024, there were 1,030,053 registered vessels across the state, which was the most in the nation. This same report detailed 685 accidents involving recreational boats that same year. Miami-Dade County had the most with 8 fatalities and 41 injuries.

Federal Maritime Laws in Florida

There are a few federal laws that apply to the waters off South Florida. These are important to know as a business owner, so you can have the correct coverage for your business and employees.

• Death on the High Seas (DOHSA). This federal law covers the damages related to an unseaworthy vessel that causes the death of someone on board. This is for more than three nautical miles from any shoreline in the U.S. A claim can be brought by a relative of the deceased within three years of the incident.
• Jones Act. This is a maritime law that protects seamen from death or injury while on the job. It provides protections, like workplace safety, similar to workers’ compensation on land.

These laws can be complex. You should hire a Florida marine insurance lawyer to explain the details and how they may relate to your business.

Insurance Laws in Florida

Florida doesn’t require boat insurance, but as a business owner, it’s essential to protect your interests. The Florida Statutes highlight that a personal injury claim must be filed within two years from the time of the injury. This applies to accidents that happen on interior waterways, not in the ocean or Gulf. It is the same timeframe for wrongful death.

Types of Insurance for Accidents in Florida

Certain types of insurance are offered to protect your business from maritime and other boating-related accidents. On a state level, these can cover you for accidents that happen within closed waterways and on land:

• Protection and Indemnity (P&I). This covers any damage to your property and injuries or death of your crew or passengers.
• Workers’ Compensation. If you have four or more employees, Florida requires workers’ compensation insurance to cover any injuries sustained while on the job.

Federal maritime insurance is slightly different. It includes:

• Jones Act Coverage. This is protection for workplace safety while employees are at sea.

FAQs

Where Does Maritime Law Not Apply in South Florida?

The maritime law does not apply to bodies of water inland from the coast. Rivers that connect to the Pacific Ocean or the Gulf are governed by maritime law because of their proximity. Lakes that don’t open onto the sea are not covered by maritime law. These lakes would be under the insurance laws of Florida. Whether you own a marina, commercial boating, charters, rentals, manufacturing, or harbor employees, you should have your insurance policies reviewed by a capable attorney.

What Are the Four Principal Areas of Florida Insurance Law?

The four principal areas of insurance law are policy owner rights, insurance company financial reporting, agency licensing and regulation, and policy provision. These areas address all of Florida’s statutes to keep businesses and insurance companies in compliance. The most important principal for your business is policy owner rights. You should always know what is written in your policies.

What Are Some Common Claims for Maritime Laws?

Maritime law claims are similar to other workers’ compensation claims. On larger vessels out to sea, there are slips and falls, cuts and bruises, and repetitive injuries. Due to heavy machinery and other equipment, there can be head injuries. Many accidents that happen closer to shore can be collisions with other boats, especially those for recreational use.

When Is the Proper Time to Review My Insurance and Discuss Maritime Law in South Florida?

The proper time to review your insurance is now. Accidents can happen at any time. You don’t want to go too long without the right policies in place for your business, which has unique needs. Don’t wait to make an appointment with a capable firm that can guide you through the process.

Hire a Maritime Lawyer in South Florida

At Wilson, Washburn, & Forster Insurance, Inc., we pride ourselves on protecting your business. You don’t want to have an expected event cause you to lose your livelihood. Protect your business and your future by getting a comprehensive review of your insurance coverage. Maritime and boating accidents happen all the time in South Florida. Don’t face them alone. Contact us today to schedule an appointment and get the peace of mind you deserve.