Steps to Obtain E&O Insurance for Films

Posted by David Hamilton on Dec 30, 2009 10:49:00 AM

Steps to Obtain E&O Film Insurance

invasion of privacy image

Obtaining e&o insurance for your film project is not difficult. Producers E&O covers against all sums that the producer or production company may become legally obligated to pay as damages resulting from lawsuits for:

  • Invasion or infringement of privacy.
  • Infringement of copyright or trademark.
  • Libel, slander or other forms of defamation.
  • Plagiarism, piracy or unfair competition resulting from the alleged use of titles, formats, ideas, characters, plots, performances of artists or performers or other material.
  • Breach of contract, implied or in fact or in law, resulting from the alleged submission, acquisition or use of program, musical or literary material used by the insured in the insured production.
  • Policy includes coverage for legal expenditures incurred in the defense of any claim.

To make the period prior to a festival as stress free as possible, consider the following steps:

  • Call for an application one month prior to the date coverage needs to be in place. Check your funding contracts to see if coverage needs to be in place prior to principle photography, or should coverage begin on delivery of the project.
  • Complete the application.
  • Have your attorney review clearances.
  • Send the signed application to my attention.
  • I will forward the application, same day, to the underwriters (insurance company) and begin premium negotiations.
  • Underwriters will have their attorney clear the application and recommend coverage. Note that the attorney for the underwriter reserves three working days to clear.
  • Once clear, we can bind coverage.

Obtaining Errors & Omissions coverage is a negotiated process that should not be rushed as this results in the least competitive premiums. Leave enough time to consult with your lawyer and entertainment insurance broker to receive the best terms.

 

RELATED LINKS:

E&O Insurance 101 & How to Protect Your Film Project

E&O: What You Need to Know

E&O: Cost

Are you paying for the coverage you need?

Steps to Obtain

Producer Errors and Omissions

E&O: Reviewing Scripts

Distributor Errors and Omissions

Documentary E&O Insurance

Copyright Reports

How much of your film is copyright-able?

Copyright Infringements

Title Reports

Script Clearance Reports

Clearance Procedures

Claims Made vs. Occurrence

Fair Use

False Light Accusations

The value of a lawyer

To get or not get permission: The Social Network

A production lawyer's guide to obtaining E&O insurance and preventing litigation

Topics: Film Production Insurance, Film Insurance, E&O Insurance, Errors and Omissions coverage for films, Documentary Insurance, Producers E&O Insurance

Film Production Coverages Explained - Part 4

Posted by David Hamilton on Dec 15, 2009 3:42:00 PM

Producers Errors and Omissions liability insurance is an important coverage for any film producer. Producers E&O covers against all sums that the insured may become legally obligated to pay as damages resulting from lawsuits for:

  • Invasion or infringement of privacy. Does a character in your script inadvertantly resemble a real person?
  • Infringement of copyright or trademark
  • Libel, slander or other forms of defamation
  • Plagiarism, piracy or unfair competition resulting from the alleged use of titles, formats, ideas, characters, plots, performances of artists or performers or other material
  • Breach of contract, implied or in fact or in law, resulting from the alleged submission, acquisition or use of program, musical or literary material used by the insured in the insured production
  • Policy includes coverage for legal expenditures incurred in the defense of any claim

Most broadcasters, distributors and sales agents will need to see evidence of e&o coverage in force for your project before they will enter into a contract with you. Distributors and broadcasters can typically be added to your E&O policy at no charge and evidence that they have been added can be evidenced by way of a certificate.

The typical term of the policy is 3-5 years and the typical limit of coverage is: $1,000,000 per occurrence, $3,000,000 in the aggregate with a $10,000 deductible.

Topics: Film Production Insurance, Film Insurance, Production Insurance, E&O insurance for Films, E&O Insurance, DICE Policy, Annual Film Insuruance, Documentary Insurance, Digital E&O insurance, Producers Errors & Omissions Liability Insurance, Producers E&O Insurance, HD E&O

Film Production Coverages Explained - Part 3

Posted by David Hamilton on Dec 8, 2009 8:53:00 AM

Some important liability coverages to protect your film production:

COMPREHENSIVE GENERAL LIABILITY

  • Covers against all sums that the insured shall become legally obligated to pay for bodily injury, property damage or personal injury arising out of the operations of the production company
  • Excludes liability arising out of the use of motor vehicles, aircraft or watercraft
  • Coverage limits range from $1,000,000 to $25,000,000

NON-OWNED AIRCRAFT LIABILITY INSURANCE

  • Covers the insured against legal liability arising out of the use of non-owned aircraft

NON-OWNED WATERCRAFT LIABILITY INSURANCE

  • Covers the insured against legal liability arising out of the use of non-owned watercraft
  • Coverage can often be extended under the Comprehensive General Liability Policy

Topics: Film Production Insurance, Film Insurance, Production Insurance, DICE Policy, Annual Film Insuruance, Commercial Production Insurance, Documentary Insurance

Film Production Insurance Coverages Explained - Part 2

Posted by David Hamilton on Dec 7, 2009 3:30:00 PM

FILM PRODUCTION INSURANCE COVERAGES EXPLAINED - PART 2

FILM PRODUCTION INSURANCE COVERAGES

What follows are four more coverages that every producer needs to consider when creating a film project: 

EXTRA EXPENSE INSURANCE

  • Covers expenditures that the insured may incur in the event of interruption, postponement or cancellation of production as a result of damage to, or destruction of, property or facilities

OFFICE CONTENTS INSURANCE

  • Covers property usual to the office occupancy of the insured on an "all risk" basis against all risk of physical loss of or damage to said property

MONEY & SECURITIES

  • Covers against direct losses caused by destruction, robbery, wrongful abstraction or computer theft of money and securities
  • Coverage often includes loss or damage to the property or premises resulting from robbery or safe burglary

COMMERCIAL VEHICLE PHYSICAL DAMAGE INSURANCE

  • Covers hired automobiles which are property of others for which the insured is liable and which are lost, damaged or destroyed during the term of coverage while such property is used or to be used in connection with the declared production
  • Coverage is for physical damage to the vehicles and does not include third party liability coverage

Part 1 here.

Related: Film Insurance 101 book

Topics: Film Production Insurance, Production Insurance, Entertainment Insurance, DICE Policy, Annual Film Insuruance, Commercial Production Insurance, Documentary Insurance, Documentary Films