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New Media Revolution: The Insurance Impact on Video Game Developers

  
  
  
  
  

It’s fair to say that video game industry is becoming a hugely successful spin-off of the film and entertainment industry, and what better place for this burgeoning industry to thrive then in North America.

video game developer insuranceThe triggers for this field of entertainment are being propelled by the digital era that we are in, and with new media providing on-demand access to contact almost anywhere, anytime, the generation of unregulated information and data has triggered a requirement for insurance products that cater to the specific issues that can arise.

What type of special coverage is obtainable?

Given that the cost of developing video games can rise over $20M per game the coverage necessary is similar to that required by film and television producers.

Many video games now combine computer graphics with live filming and motion capturing technology. A recognizable lead actor will often be hired for a specific video game and if the actor is injured and is unable to shoot as scheduled, costs and expenses relating to the shoot will be incurred. A typical office based policy that your average video game or software developer would have does not cover these exposures.

Additional extensions that are specific to video programmers will include Media Liability and Professional Liability coverage. Media Liability is comparable to Errors and Omissions coverage in the written or spoken word resulting in claims due to miscommunication of information, or copyright or trademark infringement claims. Professional Liability, is important in the event that a video gamer does not complete or adhere to the guidelines in which they were hired.

Obtain a free no Obligation Quote:

video-game-developer


AS A DIRECTOR or OFFICER, HOW MUCH ARE YOU PERSONALLY RESPONSIBLE?

  
  
  
  
  

Directors and Officers Liability Insurance The Canada Business Corporation Act and numerous statutes in each Province impose many duties on the Company Director. The breach of any of these, if it leads to financial loss to the company or to the shareholders or to others, can be grounds for an action for damages. There are further duties established by Common Law.

It is not uncommon for many claims to be unjustified or unfounded; however, the costs associated with their investigation and defense are often substantial.

Allegations which are most commonly made and which have to be defended by Directors include:

  • Acting beyond the scope of their authority.
  • Giving wrong or unprofessional advice.
  • Breach of fiduciary duties.
  • Failure to police the corporation or supervise subordinates properly. Anti-trust violations.
  • Improper or excessive company spending.
  • Unauthorized company borrowing.
  • Conflict of interest.

Remember, the above only need to be alleged for costs to be incurred.

These allegations are most likely to occur following:

  •  Acquisitions/divestitures.
  •  Mergers.
  •  Foreign investment (especially in the USA).
  •  Public offerings.
  •  Management buy-outs.
  •  Lack of growth, reduced dividends, improper handling of negotiations.
  •  Mismanagement or waste of corporate assets.
  •  Employee dismissal.
  •  Board room dispute.
  •  Breach of contract.
  •  Liquidation of the company.
  •  Change in ownership of the company's share capital.

It is also worth remembering that Directors can be held liable for acts committed by other Directors, simply .because they ·sit on the same board. Such damages can extend to the entire personal estate of the Director involved.

Directors and Officers' Liability Insurance is...

  1. Financial protection for personal assets of an individual Director or Officer.
  2. Reimbursement of claims paid by the organization for its Directors and Officers.
  3. Designed especially to meet the cost of:
    • Defending claims
    •  Compensatory damages Which the Director or officer may be legally obligated to pay following a wrongful act arising out of his position within the organization.

A Directors’ and Officers' Liability insurance policy should be a serious business consideration for your company.

 

For further information please contact:

David Hamilton

Front Row Insurance Brokers

Telephone: 604-684-3456 (direct)

Fax: 604-684-3437

Email: david@frontrowinsurance.com


The Front Row Vancouver Office is Moving

  
  
  
  
  

Front Row InsuranceIn January, the Vancouver office of Front Row Insurance Brokers will be relocating to a larger office located at 1788 West Broadway at Burrard.


We are looking forward to this exciting new expansion.  Our new location will be easily accessible on the Broadway corridor and will have 30 guest parking spots. 


We hope to see you at our new location in 2012!


More details to follow in the coming weeks.


Why Even YOUR Band Should Carry Liability Insurance

  
  
  
  
  

performers insuranceThere are a number of reasons why a Cover band or Tribute band would benefit from purchasing liability insurance, but perhaps the most compelling reason is because without this cover, the very livelihood of the musician/band is at stake in the event that they are sued.  While no one plans on accidents, the chance of such incidents occurring increases at public places and venues where large numbers of people are gathered. When alcohol is consumed, the risk increases even more.

 

  • Why risk the loss of your assets, both personal and the band’s?
  • Liability policies are a safeguard against mistakes that your band might make in which they would be held liable.

So, what is liability insurance?

This type of insurance is designed to offer protection against third party (the public) bodily injury or property damage as a result of one’s operations or products.

The relevance to cover/tribute bands is that in the event that bands are held responsible for the injuries and property damage sustained by an audience member or staff member at the venue, the liability insurance would potentially pay for the medical treatment required by the injured party, and can cover settlement claims resulting from lawsuits.

Examples:

An example of a scenario where a band’s liability policy would be of value include if a member of the audience was invited onto the stage while band members were performing and ended up tripping on loose cords and slamming their face into some audio equipment. The coverage afforded under a liability policy would protect the band (policy holder) in the event that they are then sued by any third parties for unintentional damage. A lawsuit can name a band, its manager, an establishment and it’s landlord in a lawsuit. Liability Insurance protection will not shorten criminal sentences, but it will take care of the resulting injuries and rehabilitation and potentially legal costs as well.

While Liability Insurance should be in place by the owners of the venue where a band will be performing, more frequently the musicians themselves must have liability insurance in place in order to perform at a venue. A band can be sued for it’s own direct actions, however other situations where a band and it’s members could be held liable include if a piece of equipment drops from the stage and injures an audience member, or if someone were to trip over the microphone cord. In many cases, the owner of a venue requires that performers show proof of their own liability coverage so that their own liability insurance is covered in the event that the performers are negligent.

Cost:

Pricing is based on revenue and annual premiums start at US/CDN $500 for $1M in coverage. Compare this to the potential costs arising from a lawsuit and the coverage is priceless.

Obtain Quotes!

performers-canada   performers-usa


Bears and Film Insurance: What to Ask?

  
  
  
  
  

animal film insurance

Bears are frequently used in film productions shotin the Pacific Northwest. The risks associated with filming a bear can be transferred to an insurance company once the underwriter understands how the public, cast, crew, equipment and the  bear will be protected. The underwriter will need answers to the following questions to underwrite and cover the risk:

 

 

1.            Current Bear Vet exam certificates. What is the value of the bear to the owner if the bear were to die? Usually the figure is  based on three years revenue that the bear has earned.

2.            How will the bear get from their pen/corral to their position on set in the electrified fenced area? How will the cast and crew be protected during this transit?

3.            Where will the bear be on set when not filming? During this time, how will cast/crew/public be protected?

4.            When bear is on set and filming, what do they do to protect public/cast/crew from bear?

5.            Please confirm cast not in direct contact with the bear. Will the cast always be on one side of the electrified fence and the bear on the other?

6.            Please provide shooting schedule with the bear

7.            Please forward storyboards of bear scenes when available.

8.            Given the time of year, are there any issues resulting from the bear normally hibernating during this time of year?

9.            Details of housing and transit of the bears from the permanent home.

10.          The main corral  structure to house the bear – is this a permanent structure? What will it be constructed of?  How high will the fence be?

11.          Will the bears be housed over night at the corral?

12.          What type of security will be in place?

13.          Will there be 24 hour attendants for the bear?

14.          How will the bears be shipped to the set from out of town? 

15.          How are the protected during shipping?

 

As specialized film insurance brokers we can assist with obtaining this coverage.

dice-production-quote film-production-quote



Brain Drain North: L.A. Broker Joins Front Row Insurance in Vancouver

  
  
  
  
  

Mike Groner tapped to bring skill, initiative and innovation to the brokerage house

Michael Groner Vancouver, BC, September 30, 2011 – Front Row Insurance, specialized entertainment insurance brokers, has announced the addition of an experienced entertainment broker to itsVancouver office. Mike Groner, who has been a successful manager at two ofCalifornia’s most venerable and trusted insurance companies, will now provide the special-market brokerage house with compelling marketing and promotion of the innovative programs it has been offering since the company’s founding in 2009.

According to David Hamilton, president of Front Row Insurance, Mike will use his LA experience to service film and new media producers in Vancouver as well as managers of fairs and festivals. “ Due to our size and volume with the insurance companies, we have rates and coverages that help us stand apart, and Mike knows how to effectively communicate those benefits to professionals in the industry who will gain from Mike’s expertise,” he says. “With Mike’s help, our clients will have more time to make films and promote festivals instead of wasting time trying to find out how to best protect their assets."

Groner began his career in e-marketing as vice president with an online skateboard retailer, before moving into entertainment insurance with such firms as CMM Entertainment as an account manager, and Truman Van Dyke as director of sales and marketing. Both are respected brokerages inCalifornia, with decades of experience. At CMM, he handled proposals and summaries for many top clients involved with production, touring, and special events. At Truman Van Dyke, he was responsible for the development of two new insurance programs for the entertainment industry that were very successful for the company and its clients.

Mike Groner is looking forward to his new role at Front Row Insurance, where his skills and initiatives will be put to good use.  

For more information contact David Hamilton at 604-684-3456 or david@frontrowinsurance.com.


Digital Film Insurance and the Future

  
  
  
  
  

Insurance for digital features, TV series and documentaries is rapidly evolving.

It’s the case that many production companies now incorporate scenes in their films that were once captured live but are now being created, edited and manipulated digitally in post production. What this means is that the need for negative/faulty insurance is becoming gradually reduced and will soon be replaced by digital image capture, processing and storage.

  • In 2009 Slumdog Millionaire became the first movie shot mainly in digital to win the Academy Award for Best Cinematography
  • The highest grossing movie in the history of cinema, Avator, was shot on digital cameras as well.

As digital cinematography shifts towards “tapeless” or “file based” workflows, insurers needs to ensure that they are covering similar incidences of risk, tailored towards loss and/or damage to digital media.

What this means for insurer’s

Digital data should be covered as software under the negative coverage policy definition, and though some policy wordings incorporate coverage for digital data, the wordings might still need to be formatted and reworded for digital media. Digital capture may occur on video tape, hard disks, flash memory, or other media which can record digital data, therefore wordings need to reflect the new technology and storage devices which presently, many don’t.

If the film industry moves solely towards digital film, then the risk rating and pricing related to production packages will need to be reviewed given that the risk factor between the periods of principal photography and post production will be significantly reduced and  the risk of loss will be shifted towards another area such as post production.

Typically insurers will require information relating to the lab and type of film used, whereas with digital cinematography the shift will be towards the type of camera being used and the experience of the operator in using an HD or Red Camera. Back up procedures will have more impact on the rating of a production.

Why?

Various technical considerations arise when contrasting film vs. digital cinematography ie. when shooting on film, response to light is determined by what film stock is used, whereas with digital photography, response to light is determined by the CMOS or CCD sensor(s) in the camera, so the cinematographer needs familiarity with the specific camera model. Typical production packages are rated based on all costs incurred during principal photography and exclude many post production costs. Production company requirements are now shifting towards a significant portion of the risk stemming from post production activities.

Inferences

Technology innovation has meant that new vendors have emerged on the market such as RED and Silicon Imaging that are primarily focused on digital technology.

Impact on Claims/Losses

What this means for insurance losses is that innovative risk control and risk transfer methods need to be addressed that specifically relate to new exposures from digital media products. The types of losses that can result stem from transferring digital date to/from 2D to 3D conversion, losses resulting from migration of data from old forms of storage to new forms. Also, Care, Custody and Control issues relating to the migration and archiving of data.

The Future

As insurers revisit their policy wordings, they must ensure that their coverage and exclusions match with the industry requirements, as the advances in digital technology won’t slow down to wait out the process. While wordings might not currently exclude losses resulting from digital cinematography, insurers must ensure that new risk rating methods and coverage address the new risks that will arise during post production and storage of data.  

dice-production-quote


Event Cancellation Insurance - Who Needs It?

  
  
  
  
  

event cancellation insuranceEvent Cancellation Insurance is purchased for one off events as a protection against loss of revenue or extra expenses that result from uncontrollable circumstances such as unforeseen weather conditions, power failure, terrorism, cancellation, abandonment, postponement, interruption or relocation of an event.

This type of insurance can also cover public liability, such as a serious injury to one of your patrons, if property is damaged, there is theft of expensive equipment or if you face a claim for actual or alleged bodily injury, and it is found to be your fault.

Why it’s needed

Event preparation can take years of planning, and with businesses incurring multiple expenses on the lead up to the event, most can not afford the costs associated with postponement, cancellation or relocation of an event. An organization’s physical assets impact the functionality of a business, therefore with risks to the bottom line being substantial, event cancellation insurance is needed to protect against the loss of costs, expenses or revenues associated with this exposure.

Obtain a no obligation Event Cancellation Insurance Quote Here: event-cancellation

Some examples of situations that would have benefited from having event cancellation include the following: 

  • In July of 2011 a stage collapsed at the Ottawa Bluesfest as the likely result of a strong downdraft of air from a thunderstorm. There were multiple injuries involved with including possible spinal injuries.
  • During the Big Valley Jamboree in the summer of 2009, a powerful windstorm swept through the area causing the main stage to collapse. A total of 33 charges were laid against the three companies involved in this Alberta Stage Collapse. Each of the charges carries a maximum fine of $500,000 and possible jail time. There were more than a dozen injuries and one death.
  • Stage collapse at a Christian rock concert in April of 2008 where an auditorium floor collapsed at a church inAbbotsford,BC. Sound and Lighting scaffolds collapsed onto the front section of the stage and mosh pit with more than 40 injuries.

Who needs it:

Event coordinators responsible for special events such as film shoots, concerts, trade shows & exhibitions, entertainment & sporting events, corporate events such as product launches, and conventions to name just a few. Circumstances such as extreme weather conditions, civil, social and political unrest, strikes by employees at the venues to non appearance of key personnel are all coverages that can be purchased.

  • A recent example of the importance for promoters in obtaining event cancellation insurance can be seen after Michael Jackson’s unexpected death and the outlays and expenses that resulted from his projected 50 concerts atLondon’s O2 Arena.

 There are two types of coverages, the costs and expenses of putting on the event, such as rental promotion and fees charged by service providers, and secondly, the anticipated profits that the event is expected to generate.

How it’s obtained:

By contacting your broker and/or completing an online application form and providing the relevant financial worksheets.

How long it takes to obtain:

Generally 48 hours is needed as a minimum in order to obtain coverage 

What the cost is:

The cost is generally calculated according to the gross revenue or costs/expenses, premiums therefore vary widely. Premiums are also dependent on such factors as whether the event is indoor/outdoor, and if outdoor, what type of protection is in place to negate the effects of the elements. Additional factors that affect the premium include whether an event is dependant on particular cast members or performers and if so, the age and health issues of the performer will need to be known. Premiums are generally higher for this type of coverage as usually a “one time” event that doesn’t occur is a total loss.

Click here to obtain a quotation: event-cancellation

Our service is friendly and knowledgeable: please contact us, we would love to hear from you!

If calling from Canada, please contact David Hamilton:   604-684-3456 or e-mail david@frontrowinsurance.com

If calling from the United States, please contact Michael Groner:     818-643-3830 or e-mail mgroner@jonesbirdsong.com

 


Business Interruption: Forgotten Coverage every Climbing Gym Needs

  
  
  
  
  

When buying insurance for the Climbing Gyms, most Gym owners know the basics: Commercial Property, which protects the walls and equipment from perils like Fire and Theft, and General Liability, which protects against lawsuits arising out of Bodily Injury. However, there is a third coverage that is just as important and necessary: Business Interruption.

Climbing gym insuranceLet’s imagine for a moment that disaster strikes, and your Climbing Gym suffers significant property damage. If you have appropriate property insurance, the Equipment and Walls will be replaced by the Insurance coverage. What often gets forgotten is that this replacement doesn’t happen overnight, and your gym is going to be closed until it is replaced, resulting in lost revenues. And with most expenses continuing during the downtime, losing these revenues can be fatal to a business.

For example, in the fall of 2010 True North Climbing experienced a unique situation: A sprinkler head was knocked loose by a climber, resulting in water pouring out all over the safety mats and the walls. The mats and the walls themselves weren’t significantly damaged and didn’t need to be replaced, but the facility was forced to close for 11 days until everything dried out. With Business Interruption coverage in place, the gym was able to recover their lost revenues and continue to pay their ongoing expenses.

“We didn't initially have business interruption insurance, as I had assumed it would be expensive and my previous broker didn't explore it. When Brent showed me how little it actually costs, it seemed worthwhile. A few weeks later we had our sprinkler crisis, and I realized how important that coverage was. We were able to pay our staff for most of the time they would have worked while our facility was closed, and the insurance covered most of our losses during that time.”  from John Gross - Owner at True North Climbing, Toronto, Ontario

We highly recommend that every Gym carries this coverage. True North was closed for 11-days, but what if you had to close for 11-days or more? Could your business survive?

How it works

As discussed, a property insurance policy only covers the physical damage to the owned assets of the business. Business Interruption protects against the lost revenues during the downtime of re-construction, in an effort to make the business whole, as if no loss had ever occurred.

What is covered by a Business Interruption Policy?

While it always depends on the wording, Business Interruption often covers the following:

  • Lost Profits
  • Fixed Operating Costs
  • Ordinary Payroll up to 90 Days (this is an optional add-on)
  • Temporary Locations
  • Extra Expenses

As we can see, Business Interruption coverage fills in a sizeable gap left by a standard property policy, and could make a large difference to your business in the event of a disaster. If your Gym does not carry this coverage, I encourage you to contact us immediately for a quote.

Click here to receive a Free No Obligation: price-indication

Our service is friendly and knowledgeable: please contact us, we would love to hear from you –

If calling from East of British Columbia, contact Brent Brandham at 416-642-3293 or e-mail Brent@frontrowinsurance.com

If calling from British Columbia, please contact David Hamilton at 604-684-3456 or e-mail david@frontrowinsurance.com

If calling from the United States, please contact Michael Groner at 818-643-3830 or e-mail mgroner@jonesbirdsong.com

 

 

 

 


Equipment Insurance – Why you NEED Extra Expense

  
  
  
  
  

Equipment insuraceWhen equipment is damaged or stolen what do you do? Ultimately your equipment floater policy should provide the necessary coverage to replace your equipment; however it can take weeks, sometimes months to get insurance claims paid out. So what do you do in the meantime?

If you intend to continue your business, you must resume all or part of your Operations as quickly as possible. And that work requires equipment.  ‘Extra Expense’ coverage provides reimbursement for any costs that that exceeds the normal operating expenses that would have been incurred had there not been a loss. Extra Expense will pay the costs for you to rent replacement equipment along with any temporary relocation, space rental and additional crew salaries. Extra expense coverage is not automatically included on an Equipment Floater policy. Does your current policy provide this coverage?

Contact us for a free no obligation Equipment Insurance quote that includes extra Expense Coverage here! apply-now

Our service is friendly and knowledgeable. Please contact us! We would love to hear from you:

Canada: David Hamilton - david@frontrowinsurance.com.

USA: Michael Groner -  mgroner@jonesbirdsong.com


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