{"portalId":61352,"siteId":0,"id":951503638,"slug":"articles/articles/bid/107141/film-insurance-e-o-claims-made-policies-vs-occurrence-policies","contentTypeId":null,"contentGroupId":952267656,"campaign":"","categoryId":3,"state":"PUBLISHED","publishDate":1341963060000,"created":1341962646000,"updated":1597429046435,"templatePath":"","name":"<span id=\"hs_cos_wrapper_name\" class=\"hs_cos_wrapper hs_cos_wrapper_meta_field hs_cos_wrapper_type_text\" style=\"\" data-hs-cos-general-type=\"meta_field\" data-hs-cos-type=\"text\" >Film Insurance: E&O Claims Made Policies Vs. Occurrence Policies</span>","mabExperimentId":null,"archived":false,"authorName":null,"deletedAt":0,"freezeDate":1341963060000,"processingStatus":"PUBLISHED","previewKey":"C8Kx3-XX","abTestId":null,"createdById":null,"updatedById":7915797,"domain":"","resolvedDomain":"www.frontrowinsurance.com","legacyId":107141,"performableGuid":"","isDraft":false,"subcategory":"legacy_blog_post","abStatus":null,"blueprintTypeId":0,"folderId":null,"analyticsPageId":"137640-107141","flexAreas":{},"widgetContainers":{"Sidebar_Modules":{"widgets":[{"css":{},"child_css":{},"type":"blog_subscribe","order":0,"label":"Blog Email Subscription","id":1489079728859,"body":{"overrideable":false,"response_message":"Thanks for Subscribing!","select_blog":"default","title":"Subscribe to Email Updates"},"deleted_at":1562087201297}],"deleted_at":1562087201297}},"widgets":{"module_156398965931111":{"body":{"path":"/Marketplace/HubSpot/Team_Member/Team Member","widget_name":"Team Member","definition_id":null,"wrapping_html":"","module_id":8696351,"per_widget_wrapper_html":"","smart_type":"NOT_SMART","type":"module","tag":"module","smart_objects":null},"css":{},"child_css":{},"id":"module_156398965931111","name":"module_156398965931111","type":"module","order":11,"label":"Team Member","smart_type":null,"styles":{},"module_id":8696351},"module_15965216980304":{"body":{"add_content":"<div><a href=\"/contact-us\" rel=\" noopener\">Contact Front Row Insurance Brokers</a> to learn more about Film Errors &amp; Omissions Insurance coverage.&nbsp;</div>\n<div>&nbsp;</div>\n<div><strong>Related Post</strong>: <a href=\"/articles/eo-insurance-for-producers-minimizing-the-risk-of-unsolicited-submissions-claims\" rel=\" noopener\">Minimizing the risk of E&amp;O claims</a></div>\n<div>&nbsp;</div>\n<div>&nbsp;</div>\n<div>\n<h3>RELATED LINKS:</h3>\n<p><a href=\"/errors-omissions-insurance-101\" rel=\" noopener\">E&amp;O Insurance 101 &amp; How to Protect Your Film Project</a></p>\n<p><a href=\"/articles/eo-what-filmmakers-need-to-know\" rel=\" noopener\">E&amp;O: What You Need to Know</a></p>\n<p><a href=\"/articles/articles/bid/66030/film-and-tv-producers-errors-and-omissions-insurance-cost\" rel=\" noopener\">E&amp;O: Cost</a></p>\n<p><a href=\"/articles/producers-errors-and-omissions-insurance-quote-are-you-being-offered-the-right-coverage-for-your-needs\" rel=\" noopener\">Are you paying for the coverage you need?</a></p>\n<p><a href=\"/articles/articles/bid/24691/steps-to-obtain-errors-and-ommissions-insurance-for-films\" rel=\" noopener\">Steps to Obtain</a></p>\n<p><a href=\"/articles/protecting-your-script\" rel=\" noopener\">Producer Errors and Omissions</a></p>\n<p><a href=\"/articles/producers-eo-insurance-best-practices-when-reviewing-scripts\" rel=\" noopener\">E&amp;O: Reviewing Scripts</a></p>\n<p><a href=\"/articles/articles/bid/109689/distributor-s-errors-and-omissions-e-o-insurance\" rel=\" noopener\">Distributor Errors and Omissions</a></p>\n<p><a href=\"/articles/producers-eo-what-is-my-distributor-and-financer-asking-for\" rel=\" noopener\">Documentary E&amp;O Insurance</a></p>\n<p><a href=\"/articles/copyright-reports-use-them-to-minimize-the-potential-of-a-producers-eo-claim\" rel=\" noopener\">Copyright Reports</a></p>\n<p><a href=\"/articles/articles/bid/102723/e-o-insurance-how-much-of-your-productions-format-is-copyright-able\" rel=\" noopener\">How much of your film is copyright-able?</a></p>\n<p><a href=\"/articles/articles/bid/103438/e-o-acquire-proper-permission-before-you-eat-at-mcd-or-drink-a-c\" rel=\" noopener\">Copyright Infringements</a></p>\n<p><a href=\"/articles/articles/bid/10796/title-reports-who-needs-them-e-o-insurance\" rel=\" noopener\">Title Reports</a></p>\n<p><a href=\"/articles/articles/bid/26544/script-insurance-clearance-reports-what-are-they-and-why-are-they-important\" rel=\" noopener\">Script Clearance Reports</a></p>\n<p><a href=\"/articles/articles/bid/27709/film-eo-insurance-clearances-procedures-for-film-producers-part-1-of-3\" rel=\" noopener\">Clearance Procedures</a></p>\n<p>Claims Made vs. Occurrence</p>\n<p><a href=\"/articles/filmmakers-insurance-part-i\" rel=\" noopener\">Fair Use</a></p>\n<p><a href=\"/articles/broadcasting-film-insurance\" rel=\" noopener\">False Light Accusations</a></p>\n<p><a href=\"/articles/articles/bid/102480/eo-insurance-for-film-and-tv-the-value-of-a-lawyer\" rel=\" noopener\">The value of a lawyer</a></p>\n<p><a href=\"/articles/how-can-you-make-a-film-like-the-social-network-without-getting-permission-from-mark-zuckerbergyour-blog-post-title-here\" rel=\" noopener\">To get or not get permission: The Social Network</a></p>\n<p><a href=\"/articles/bid/107690/obtaining-e-o-insurance-for-your-film-production-and-preventing-litigation\" rel=\" noopener\">A production lawyer's guide to obtaining E&amp;O insurance and preventing litigation</a><span style=\"background-color: transparent;\">&nbsp;</span></p>\n</div>","enable_rich_text_module":true,"module_id":33156769794},"css":{},"child_css":{},"id":"module_15965216980304","name":"module_15965216980304","type":"module","order":7,"label":"Basic Rich Text Box for Blog","smart_type":null,"styles":{},"module_id":33156769794},"module_15960847531069":{"body":{"add_form_title":"Get the Producer's E&O eBook:","add_form":{"form_id":"8358701b-04c7-4ec2-ad86-dc93472e3f74","response_type":"inline","message":"<p>Thanks for submitting the form. The eBook will be emailed to you shortly.</p>","gotowebinar_webinar_key":null,"form_type":"HUBSPOT"},"enable_form":true,"module_id":33051772119},"css":{},"child_css":{},"id":"module_15960847531069","name":"module_15960847531069","type":"module","order":5,"label":"Blog Subscribe New Module 2020","smart_type":null,"styles":{},"module_id":33051772119},"name":{"body":{"title":"Film Insurance: E&O Claims Made Policies Vs. Occurrence Policies"},"id":"name","name":"name","type":"text","label":"Title"},"post_body":{"body":{"html":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n<h2>CLAIMS MADE E&amp;O POLICIES</h2>\n<p><strong>Claims Made E&amp;O Policies</strong> cover claims that are made during the policy term<strong>. </strong>The loss may have occurred in the past, but as long as it is reported during the current policy term, it can trigger coverage. In order for coverage to continue, the policy must stay in force.</p>\n<p>With this type of policy, endorsements can be made so that the policy responds to incidents which occurred before the policy start date, also known as “Prior Acts” coverage. Tail Coverage is another&nbsp; extension that can be obtained wherein the insurer will cover events that occur while the policy is in force, but which the insured is unaware of during the policy period, and are reported to the insurer after the policy terminates. By obtaining tail end coverage, the claims based policy is in effect converted to an occurrence policy.</p>\n<h3>Pro’s of a Claims Made E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that if a claim arises relating to incidents which occurred before the policy start date, the claim may be covered. Another reason why this type of E&amp;O policy is purchased is because it is less expensive than occurrence based policies. Typically the premium increases over the first five years of coverage in increments proportional to the claims reporting for that experience.</p>\n<h3>Con’s of a Claims Made E&amp;O Policy</h3>\n<p>Once a “claims-made” policy has expired, purchasing insurance for past events will become difficult, expensive and perhaps not possible. Once coverage has expired, claims can no longer be submitted, even if the claim occurred during the policy term.</p>\n<p>&nbsp;</p>\n<h2>OCCURRENCE BASED E&amp;O POLICIES</h2>\n<p><strong>Occurrence Based E&amp;O Policies</strong> cover losses that occur during the policy term as long as the project/film is released or broadcast during the dates at which an incident causing damage occurs. Although the loss can be reported years later, it must have “occurred” during the policy term. This type of E&amp;O policy may not cover occurrences that happened prior to the policy being in force.</p>\n<h3>Pro’s of an Occurrence Based E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that there is no need to renew the policy to maintain coverage. Also, years after this type of policy has lapsed, a claim can be made for incidents that occurred while the policy was in force.</p>\n<h3>Con’s of an Occurrence Based E&amp;O Policy</h3>\n<p>This type of E&amp;O policy is typically more expensive than claims based policies because the insured is prepaying for tail costs whether the tail gets used or not. Another disadvantage is that if a claim arises before delivery to the broadcaster or distributor, any defense costs associated with the claim may not be covered. It’s important to <a href=\"/contact-us\" rel=\" noopener\">speak with your broker</a> about whether <strong>Prior Acts</strong> coverage is included on your Occurrence Based Policy.</p>\n<p>&nbsp;</p>\n<h2>WHY E&amp;O POLICIES ARE NEEDED?</h2>\n<ol>\n<li><em>I.e,</em> The script of your movie/show is slightly similar to another production, therefore a claim for <a href=\"/articles/how-does-an-eo-clearance-process-protect-against-plagiarism-claims\" rel=\" noopener\">plagiarism</a> could arise.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers the insured against defamation, <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">libel</a> and slander suits.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers against intellectual property rights.<span style=\"text-decoration: underline;\"></span></li>\n<li>Typically, most distributors and broadcasters will <strong>not</strong> distribute or air any production without it.<span style=\"text-decoration: underline;\"></span></li>\n<li>It protects a company or individual from financial loss.<span style=\"text-decoration: underline;\"></span></li>\n</ol>\n<h2>TYPICAL E&amp;O CLAIM SCENARIOS</h2>\n<ul>\n<li>An action brought against a production company for the production of a movie which is similar to events depicted in a novel.</li>\n<li>A <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">defamation</a>/slander suit brought against a production company based on a recognizable likeness between a fictional character in a TV series and an actual person.</li>\n<li>A production company is sued for unauthorized use of <a href=\"/articles/articles/bid/10796/title-reports-who-needs-them-e-o-insurance\" rel=\" noopener\">Titles</a> and/or Music/Stock Footage, for not acknowledging underlying works such as books, scripts of screenplays or for not requesting permission to acquire rights.</li>\n</ul>\n<h2>WHAT CAN AFFECT THE COST OF AN E&amp;O POLICY?</h2>\n<ul>\n<li>Whether an attorney’s services were used to secure <a href=\"/articles/articles/bid/26544/script-insurance-clearance-reports-what-are-they-and-why-are-they-important\" rel=\" noopener\">clearances</a> and licenses<span style=\"text-decoration: underline;\"></span></li>\n<li>The coverage limits<span style=\"text-decoration: underline;\"></span></li>\n<li>Coverage Territory<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of distribution<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of production <em>i.e.,</em> Documentary, TV Series<span style=\"text-decoration: underline;\"></span></li>\n<li>Subject matter of production<span style=\"text-decoration: underline;\"></span></li>\n<li>Production Budget<span style=\"text-decoration: underline;\"></span></li>\n</ul>\n</div>"},"id":"post_body","name":"post_body","type":"rich_text","label":"Blog 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Occurrence Policies\",\n \"image\": {\n \"@type\": \"ImageObject\",\n \"url\": \"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb300.jpg\"\n },\n \"datePublished\": \"2012-07-10 23:31:00\",\n \"dateModified\": \"\",\n \"author\": {\n \"@type\": \"Person\",\n \"name\": \"') }}\"\n },\n \"publisher\": {\n \"@type\": \"Organization\",\n \"name\": \"FRONT ROW INSURANCE BROKERS\",\n \"logo\": {\n \"@type\": \"ImageObject\",\n \"url\": \"https://cdn2.hubspot.net/hubfs/61352/images/Logos/FR_logo_%5BConverted,-Inverted%5D.png\"\n }\n },\n \"description\": \"Film Producer's E&O Insurance Policies: Claims Made Policies Vs. Occurrence Based. 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Occurrence Policies","useFeaturedImage":true,"publishDateLocalized":{"format":"medium","language":"en_US","date":1341963060000},"postTemplate":"prox_frontrow/templates/blog/blog-post.html","listTemplate":"prox_frontrow/templates/blog/blog-listing.html","postBody":"<span id=\"hs_cos_wrapper_post_body\" class=\"hs_cos_wrapper hs_cos_wrapper_meta_field hs_cos_wrapper_type_rich_text\" style=\"\" data-hs-cos-general-type=\"meta_field\" data-hs-cos-type=\"rich_text\" ><h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n<!--more--><h2>CLAIMS MADE E&amp;O POLICIES</h2>\n<p><strong>Claims Made E&amp;O Policies</strong> cover claims that are made during the policy term<strong>. </strong>The loss may have occurred in the past, but as long as it is reported during the current policy term, it can trigger coverage. In order for coverage to continue, the policy must stay in force.</p>\n<p>With this type of policy, endorsements can be made so that the policy responds to incidents which occurred before the policy start date, also known as “Prior Acts” coverage. Tail Coverage is another&nbsp; extension that can be obtained wherein the insurer will cover events that occur while the policy is in force, but which the insured is unaware of during the policy period, and are reported to the insurer after the policy terminates. By obtaining tail end coverage, the claims based policy is in effect converted to an occurrence policy.</p>\n<h3>Pro’s of a Claims Made E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that if a claim arises relating to incidents which occurred before the policy start date, the claim may be covered. Another reason why this type of E&amp;O policy is purchased is because it is less expensive than occurrence based policies. Typically the premium increases over the first five years of coverage in increments proportional to the claims reporting for that experience.</p>\n<h3>Con’s of a Claims Made E&amp;O Policy</h3>\n<p>Once a “claims-made” policy has expired, purchasing insurance for past events will become difficult, expensive and perhaps not possible. Once coverage has expired, claims can no longer be submitted, even if the claim occurred during the policy term.</p>\n<p>&nbsp;</p>\n<h2>OCCURRENCE BASED E&amp;O POLICIES</h2>\n<p><strong>Occurrence Based E&amp;O Policies</strong> cover losses that occur during the policy term as long as the project/film is released or broadcast during the dates at which an incident causing damage occurs. Although the loss can be reported years later, it must have “occurred” during the policy term. This type of E&amp;O policy may not cover occurrences that happened prior to the policy being in force.</p>\n<h3>Pro’s of an Occurrence Based E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that there is no need to renew the policy to maintain coverage. Also, years after this type of policy has lapsed, a claim can be made for incidents that occurred while the policy was in force.</p>\n<h3>Con’s of an Occurrence Based E&amp;O Policy</h3>\n<p>This type of E&amp;O policy is typically more expensive than claims based policies because the insured is prepaying for tail costs whether the tail gets used or not. Another disadvantage is that if a claim arises before delivery to the broadcaster or distributor, any defense costs associated with the claim may not be covered. It’s important to <a href=\"/contact-us\" rel=\" noopener\">speak with your broker</a> about whether <strong>Prior Acts</strong> coverage is included on your Occurrence Based Policy.</p>\n<p>&nbsp;</p>\n<h2>WHY E&amp;O POLICIES ARE NEEDED?</h2>\n<ol>\n<li><em>I.e,</em> The script of your movie/show is slightly similar to another production, therefore a claim for <a href=\"/articles/how-does-an-eo-clearance-process-protect-against-plagiarism-claims\" rel=\" noopener\">plagiarism</a> could arise.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers the insured against defamation, <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">libel</a> and slander suits.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers against intellectual property rights.<span style=\"text-decoration: underline;\"></span></li>\n<li>Typically, most distributors and broadcasters will <strong>not</strong> distribute or air any production without it.<span style=\"text-decoration: underline;\"></span></li>\n<li>It protects a company or individual from financial loss.<span style=\"text-decoration: underline;\"></span></li>\n</ol>\n<h2>TYPICAL E&amp;O CLAIM SCENARIOS</h2>\n<ul>\n<li>An action brought against a production company for the production of a movie which is similar to events depicted in a novel.</li>\n<li>A <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">defamation</a>/slander suit brought against a production company based on a recognizable likeness between a fictional character in a TV series and an actual person.</li>\n<li>A production company is sued for unauthorized use of <a href=\"/articles/articles/bid/10796/title-reports-who-needs-them-e-o-insurance\" rel=\" noopener\">Titles</a> and/or Music/Stock Footage, for not acknowledging underlying works such as books, scripts of screenplays or for not requesting permission to acquire rights.</li>\n</ul>\n<h2>WHAT CAN AFFECT THE COST OF AN E&amp;O POLICY?</h2>\n<ul>\n<li>Whether an attorney’s services were used to secure <a href=\"/articles/articles/bid/26544/script-insurance-clearance-reports-what-are-they-and-why-are-they-important\" rel=\" noopener\">clearances</a> and licenses<span style=\"text-decoration: underline;\"></span></li>\n<li>The coverage limits<span style=\"text-decoration: underline;\"></span></li>\n<li>Coverage Territory<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of distribution<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of production <em>i.e.,</em> Documentary, TV Series<span style=\"text-decoration: underline;\"></span></li>\n<li>Subject matter of production<span style=\"text-decoration: underline;\"></span></li>\n<li>Production Budget<span style=\"text-decoration: underline;\"></span></li>\n</ul>\n</div></span>","postSummary":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n</div>","blogPostScheduleTaskUid":null,"blogPublishToSocialMediaTask":"DONE","blogPublishInstantEmailTaskUid":"DONE","blogPublishInstantEmailCampaignId":null,"blogPublishInstantEmailRetryCount":0,"postListContent":"<span id=\"hs_cos_wrapper_post_body\" class=\"hs_cos_wrapper hs_cos_wrapper_meta_field hs_cos_wrapper_type_rich_text\" style=\"\" data-hs-cos-general-type=\"meta_field\" data-hs-cos-type=\"rich_text\" ><h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n<!--more--><h2>CLAIMS MADE E&amp;O POLICIES</h2>\n<p><strong>Claims Made E&amp;O Policies</strong> cover claims that are made during the policy term<strong>. </strong>The loss may have occurred in the past, but as long as it is reported during the current policy term, it can trigger coverage. In order for coverage to continue, the policy must stay in force.</p>\n<p>With this type of policy, endorsements can be made so that the policy responds to incidents which occurred before the policy start date, also known as “Prior Acts” coverage. Tail Coverage is another&nbsp; extension that can be obtained wherein the insurer will cover events that occur while the policy is in force, but which the insured is unaware of during the policy period, and are reported to the insurer after the policy terminates. By obtaining tail end coverage, the claims based policy is in effect converted to an occurrence policy.</p>\n<h3>Pro’s of a Claims Made E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that if a claim arises relating to incidents which occurred before the policy start date, the claim may be covered. Another reason why this type of E&amp;O policy is purchased is because it is less expensive than occurrence based policies. Typically the premium increases over the first five years of coverage in increments proportional to the claims reporting for that experience.</p>\n<h3>Con’s of a Claims Made E&amp;O Policy</h3>\n<p>Once a “claims-made” policy has expired, purchasing insurance for past events will become difficult, expensive and perhaps not possible. Once coverage has expired, claims can no longer be submitted, even if the claim occurred during the policy term.</p>\n<p>&nbsp;</p>\n<h2>OCCURRENCE BASED E&amp;O POLICIES</h2>\n<p><strong>Occurrence Based E&amp;O Policies</strong> cover losses that occur during the policy term as long as the project/film is released or broadcast during the dates at which an incident causing damage occurs. Although the loss can be reported years later, it must have “occurred” during the policy term. This type of E&amp;O policy may not cover occurrences that happened prior to the policy being in force.</p>\n<h3>Pro’s of an Occurrence Based E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that there is no need to renew the policy to maintain coverage. Also, years after this type of policy has lapsed, a claim can be made for incidents that occurred while the policy was in force.</p>\n<h3>Con’s of an Occurrence Based E&amp;O Policy</h3>\n<p>This type of E&amp;O policy is typically more expensive than claims based policies because the insured is prepaying for tail costs whether the tail gets used or not. Another disadvantage is that if a claim arises before delivery to the broadcaster or distributor, any defense costs associated with the claim may not be covered. It’s important to <a href=\"/contact-us\" rel=\" noopener\">speak with your broker</a> about whether <strong>Prior Acts</strong> coverage is included on your Occurrence Based Policy.</p>\n<p>&nbsp;</p>\n<h2>WHY E&amp;O POLICIES ARE NEEDED?</h2>\n<ol>\n<li><em>I.e,</em> The script of your movie/show is slightly similar to another production, therefore a claim for <a href=\"/articles/how-does-an-eo-clearance-process-protect-against-plagiarism-claims\" rel=\" noopener\">plagiarism</a> could arise.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers the insured against defamation, <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">libel</a> and slander suits.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers against intellectual property rights.<span style=\"text-decoration: underline;\"></span></li>\n<li>Typically, most distributors and broadcasters will <strong>not</strong> distribute or air any production without it.<span style=\"text-decoration: underline;\"></span></li>\n<li>It protects a company or individual from financial loss.<span style=\"text-decoration: underline;\"></span></li>\n</ol>\n<h2>TYPICAL E&amp;O CLAIM SCENARIOS</h2>\n<ul>\n<li>An action brought against a production company for the production of a movie which is similar to events depicted in a novel.</li>\n<li>A <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">defamation</a>/slander suit brought against a production company based on a recognizable likeness between a fictional character in a TV series and an actual person.</li>\n<li>A production company is sued for unauthorized use of <a href=\"/articles/articles/bid/10796/title-reports-who-needs-them-e-o-insurance\" rel=\" noopener\">Titles</a> and/or Music/Stock Footage, for not acknowledging underlying works such as books, scripts of screenplays or for not requesting permission to acquire rights.</li>\n</ul>\n<h2>WHAT CAN AFFECT THE COST OF AN E&amp;O POLICY?</h2>\n<ul>\n<li>Whether an attorney’s services were used to secure <a href=\"/articles/articles/bid/26544/script-insurance-clearance-reports-what-are-they-and-why-are-they-important\" rel=\" noopener\">clearances</a> and licenses<span style=\"text-decoration: underline;\"></span></li>\n<li>The coverage limits<span style=\"text-decoration: underline;\"></span></li>\n<li>Coverage Territory<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of distribution<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of production <em>i.e.,</em> Documentary, TV Series<span style=\"text-decoration: underline;\"></span></li>\n<li>Subject matter of production<span style=\"text-decoration: underline;\"></span></li>\n<li>Production Budget<span style=\"text-decoration: underline;\"></span></li>\n</ul>\n</div></span>","postEmailContent":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1> \n<div class=\"hs-migrated-cms-post\"> \n <p><em></em></p> \n</div>","postSummaryRss":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1> \n<div class=\"hs-migrated-cms-post\"> \n <p><em></em></p> \n</div>","postBodyRss":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n<!--more--><h2>CLAIMS MADE E&amp;O POLICIES</h2>\n<p><strong>Claims Made E&amp;O Policies</strong> cover claims that are made during the policy term<strong>. </strong>The loss may have occurred in the past, but as long as it is reported during the current policy term, it can trigger coverage. In order for coverage to continue, the policy must stay in force.</p>\n<p>With this type of policy, endorsements can be made so that the policy responds to incidents which occurred before the policy start date, also known as “Prior Acts” coverage. Tail Coverage is another&nbsp; extension that can be obtained wherein the insurer will cover events that occur while the policy is in force, but which the insured is unaware of during the policy period, and are reported to the insurer after the policy terminates. By obtaining tail end coverage, the claims based policy is in effect converted to an occurrence policy.</p>\n<h3>Pro’s of a Claims Made E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that if a claim arises relating to incidents which occurred before the policy start date, the claim may be covered. Another reason why this type of E&amp;O policy is purchased is because it is less expensive than occurrence based policies. Typically the premium increases over the first five years of coverage in increments proportional to the claims reporting for that experience.</p>\n<h3>Con’s of a Claims Made E&amp;O Policy</h3>\n<p>Once a “claims-made” policy has expired, purchasing insurance for past events will become difficult, expensive and perhaps not possible. Once coverage has expired, claims can no longer be submitted, even if the claim occurred during the policy term.</p>\n<p>&nbsp;</p>\n<h2>OCCURRENCE BASED E&amp;O POLICIES</h2>\n<p><strong>Occurrence Based E&amp;O Policies</strong> cover losses that occur during the policy term as long as the project/film is released or broadcast during the dates at which an incident causing damage occurs. Although the loss can be reported years later, it must have “occurred” during the policy term. This type of E&amp;O policy may not cover occurrences that happened prior to the policy being in force.</p>\n<h3>Pro’s of an Occurrence Based E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that there is no need to renew the policy to maintain coverage. Also, years after this type of policy has lapsed, a claim can be made for incidents that occurred while the policy was in force.</p>\n<h3>Con’s of an Occurrence Based E&amp;O Policy</h3>\n<p>This type of E&amp;O policy is typically more expensive than claims based policies because the insured is prepaying for tail costs whether the tail gets used or not. Another disadvantage is that if a claim arises before delivery to the broadcaster or distributor, any defense costs associated with the claim may not be covered. It’s important to <a href=\"/contact-us\" rel=\" noopener\">speak with your broker</a> about whether <strong>Prior Acts</strong> coverage is included on your Occurrence Based Policy.</p>\n<p>&nbsp;</p>\n<h2>WHY E&amp;O POLICIES ARE NEEDED?</h2>\n<ol>\n<li><em>I.e,</em> The script of your movie/show is slightly similar to another production, therefore a claim for <a href=\"/articles/how-does-an-eo-clearance-process-protect-against-plagiarism-claims\" rel=\" noopener\">plagiarism</a> could arise.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers the insured against defamation, <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">libel</a> and slander suits.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers against intellectual property rights.<span style=\"text-decoration: underline;\"></span></li>\n<li>Typically, most distributors and broadcasters will <strong>not</strong> distribute or air any production without it.<span style=\"text-decoration: underline;\"></span></li>\n<li>It protects a company or individual from financial loss.<span style=\"text-decoration: underline;\"></span></li>\n</ol>\n<h2>TYPICAL E&amp;O CLAIM SCENARIOS</h2>\n<ul>\n<li>An action brought against a production company for the production of a movie which is similar to events depicted in a novel.</li>\n<li>A <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">defamation</a>/slander suit brought against a production company based on a recognizable likeness between a fictional character in a TV series and an actual person.</li>\n<li>A production company is sued for unauthorized use of <a href=\"/articles/articles/bid/10796/title-reports-who-needs-them-e-o-insurance\" rel=\" noopener\">Titles</a> and/or Music/Stock Footage, for not acknowledging underlying works such as books, scripts of screenplays or for not requesting permission to acquire rights.</li>\n</ul>\n<h2>WHAT CAN AFFECT THE COST OF AN E&amp;O POLICY?</h2>\n<ul>\n<li>Whether an attorney’s services were used to secure <a href=\"/articles/articles/bid/26544/script-insurance-clearance-reports-what-are-they-and-why-are-they-important\" rel=\" noopener\">clearances</a> and licenses<span style=\"text-decoration: underline;\"></span></li>\n<li>The coverage limits<span style=\"text-decoration: underline;\"></span></li>\n<li>Coverage Territory<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of distribution<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of production <em>i.e.,</em> Documentary, TV Series<span style=\"text-decoration: underline;\"></span></li>\n<li>Subject matter of production<span style=\"text-decoration: underline;\"></span></li>\n<li>Production Budget<span style=\"text-decoration: underline;\"></span></li>\n</ul>\n</div>","postRssContent":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1> \n<div class=\"hs-migrated-cms-post\"> \n <p><em></em></p> \n</div>","rssSummaryFeaturedImage":"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb300.jpg","rssBody":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n<!--more--><h2>CLAIMS MADE E&amp;O POLICIES</h2>\n<p><strong>Claims Made E&amp;O Policies</strong> cover claims that are made during the policy term<strong>. </strong>The loss may have occurred in the past, but as long as it is reported during the current policy term, it can trigger coverage. In order for coverage to continue, the policy must stay in force.</p>\n<p>With this type of policy, endorsements can be made so that the policy responds to incidents which occurred before the policy start date, also known as “Prior Acts” coverage. Tail Coverage is another&nbsp; extension that can be obtained wherein the insurer will cover events that occur while the policy is in force, but which the insured is unaware of during the policy period, and are reported to the insurer after the policy terminates. By obtaining tail end coverage, the claims based policy is in effect converted to an occurrence policy.</p>\n<h3>Pro’s of a Claims Made E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that if a claim arises relating to incidents which occurred before the policy start date, the claim may be covered. Another reason why this type of E&amp;O policy is purchased is because it is less expensive than occurrence based policies. Typically the premium increases over the first five years of coverage in increments proportional to the claims reporting for that experience.</p>\n<h3>Con’s of a Claims Made E&amp;O Policy</h3>\n<p>Once a “claims-made” policy has expired, purchasing insurance for past events will become difficult, expensive and perhaps not possible. Once coverage has expired, claims can no longer be submitted, even if the claim occurred during the policy term.</p>\n<p>&nbsp;</p>\n<h2>OCCURRENCE BASED E&amp;O POLICIES</h2>\n<p><strong>Occurrence Based E&amp;O Policies</strong> cover losses that occur during the policy term as long as the project/film is released or broadcast during the dates at which an incident causing damage occurs. Although the loss can be reported years later, it must have “occurred” during the policy term. This type of E&amp;O policy may not cover occurrences that happened prior to the policy being in force.</p>\n<h3>Pro’s of an Occurrence Based E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that there is no need to renew the policy to maintain coverage. Also, years after this type of policy has lapsed, a claim can be made for incidents that occurred while the policy was in force.</p>\n<h3>Con’s of an Occurrence Based E&amp;O Policy</h3>\n<p>This type of E&amp;O policy is typically more expensive than claims based policies because the insured is prepaying for tail costs whether the tail gets used or not. Another disadvantage is that if a claim arises before delivery to the broadcaster or distributor, any defense costs associated with the claim may not be covered. It’s important to <a href=\"/contact-us\" rel=\" noopener\">speak with your broker</a> about whether <strong>Prior Acts</strong> coverage is included on your Occurrence Based Policy.</p>\n<p>&nbsp;</p>\n<h2>WHY E&amp;O POLICIES ARE NEEDED?</h2>\n<ol>\n<li><em>I.e,</em> The script of your movie/show is slightly similar to another production, therefore a claim for <a href=\"/articles/how-does-an-eo-clearance-process-protect-against-plagiarism-claims\" rel=\" noopener\">plagiarism</a> could arise.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers the insured against defamation, <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">libel</a> and slander suits.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers against intellectual property rights.<span style=\"text-decoration: underline;\"></span></li>\n<li>Typically, most distributors and broadcasters will <strong>not</strong> distribute or air any production without it.<span style=\"text-decoration: underline;\"></span></li>\n<li>It protects a company or individual from financial loss.<span style=\"text-decoration: underline;\"></span></li>\n</ol>\n<h2>TYPICAL E&amp;O CLAIM SCENARIOS</h2>\n<ul>\n<li>An action brought against a production company for the production of a movie which is similar to events depicted in a novel.</li>\n<li>A <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">defamation</a>/slander suit brought against a production company based on a recognizable likeness between a fictional character in a TV series and an actual person.</li>\n<li>A production company is sued for unauthorized use of <a href=\"/articles/articles/bid/10796/title-reports-who-needs-them-e-o-insurance\" rel=\" noopener\">Titles</a> and/or Music/Stock Footage, for not acknowledging underlying works such as books, scripts of screenplays or for not requesting permission to acquire rights.</li>\n</ul>\n<h2>WHAT CAN AFFECT THE COST OF AN E&amp;O POLICY?</h2>\n<ul>\n<li>Whether an attorney’s services were used to secure <a href=\"/articles/articles/bid/26544/script-insurance-clearance-reports-what-are-they-and-why-are-they-important\" rel=\" noopener\">clearances</a> and licenses<span style=\"text-decoration: underline;\"></span></li>\n<li>The coverage limits<span style=\"text-decoration: underline;\"></span></li>\n<li>Coverage Territory<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of distribution<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of production <em>i.e.,</em> Documentary, TV Series<span style=\"text-decoration: underline;\"></span></li>\n<li>Subject matter of production<span style=\"text-decoration: underline;\"></span></li>\n<li>Production Budget<span style=\"text-decoration: underline;\"></span></li>\n</ul>\n</div>","rssSummary":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n</div>","postFeaturedImageIfEnabled":"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb300.jpg","postListSummaryFeaturedImage":"","postRssSummaryFeaturedImage":"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb300.jpg","keywords":[],"isInstantEmailEnabled":true,"isSocialPublishingEnabled":false,"blogPostAuthor":{"portalId":61352,"id":955789852,"created":1401900992000,"updated":1401900992000,"deletedAt":0,"fullName":"Mike Groner","email":"mike@frontrowinsurance.com","userId":null,"username":"mike@frontrowinsurance.com","slug":"mike-groner","language":null,"translatedFromId":null,"name":"Mike Groner","translations":{},"label":"Mike 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Insurance"],"areCommentsAllowed":true,"isCaptchaRequired":true,"syncedWithBlogRoot":true,"enableGoogleAmpOutputOverride":false,"generateJsonLdEnabledOverride":true,"compositionId":0,"url":"https://www.frontrowinsurance.com/articles/articles/bid/107141/film-insurance-e-o-claims-made-policies-vs-occurrence-policies","password":null,"authorUsername":null,"propertyForDynamicPageCanonicalUrl":null,"previewImageSrc":null,"legacyBlogTabid":137640,"legacyPostGuid":"8053d5be-3ddf-42e9-bc06-f6efa9b0c11d","performableVariationLetter":null,"styleOverrideId":null,"hasUserChanges":true,"css":{},"cssText":"","createdTime":1341962646000,"unpublishedAt":0,"pastMabExperimentIds":[],"archivedInDashboard":false,"publishedById":7915797,"allowedSlugConflict":false,"analyticsPageType":"blog-post","ab":false,"publicAccessRulesEnabled":false,"publicAccessRules":[],"publishedAt":1597429046429,"enableLayoutStylesheets":null,"tweet":null,"tweetAt":null,"campaignName":null,"campaignUtm":null,"metaKeywords":"Film 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Occurrence Policies</span>","cdnPurgeEmbargoTime":null,"currentState":"PUBLISHED","lastEditSessionId":null,"lastEditUpdateId":null,"contentTypeCategory":3,"contentTypeCategoryId":3,"currentlyPublished":true,"isPublished":true,"category":3,"topics":[949708709,949708774,949708809,949708814,949708904,949708924,949708954,949708959,949709499,949709809,949709884],"meta":{"page_expiry_redirect_url":null,"meta_keywords":"Film E&O, Occurrence E&O, Claims Made E&O, E&O insurance for Films","blog_publish_instant_email_task_uid":"DONE","use_featured_image":true,"page_expiry_redirect_id":null,"author_user_id":4012692,"rss_email_by_text":"By","style_override_id":null,"preview_image_src":null,"page_redirected":null,"featured_image":"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb300.jpg","keywords":[],"campaign_name":null,"post_summary":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n</div>","has_user_changes":true,"attached_stylesheets":[],"unpublished_at":null,"author_email":"nedia@frontrowinsurance.com","topic_ids":[949708709,949708774,949708809,949708814,949708904,949708924,949708954,949708959,949709499,949709809,949709884],"page_expiry_date":null,"rss_email_comment_text":"Comment &raquo;","blog_publish_instant_email_campaign_id":null,"blog_publish_instant_email_retry_count":0,"personas":[],"css":{},"campaign_utm":null,"footer_html":"","meta_description":"Film Producer's E&O Insurance Policies: Claims Made Policies Vs. Occurrence Based. Explanation of the difference from Front Row Insurance Brokers.","performable_url":null,"author_username":"nedia@frontrowinsurance.com","blueprint_id":0,"rss_email_click_through_text":"Read more &raquo;","placement_guids":[],"css_text":"","rss_summary":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n</div>","legacy_blog_tabid":137640,"cloned_from":null,"head_html":"","page_expiry_enabled":null,"blog_post_schedule_task_uid":null,"post_body":"<span id=\"hs_cos_wrapper_post_body\" class=\"hs_cos_wrapper hs_cos_wrapper_meta_field hs_cos_wrapper_type_rich_text\" style=\"\" data-hs-cos-general-type=\"meta_field\" data-hs-cos-type=\"rich_text\" ><h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n<!--more--><h2>CLAIMS MADE E&amp;O POLICIES</h2>\n<p><strong>Claims Made E&amp;O Policies</strong> cover claims that are made during the policy term<strong>. </strong>The loss may have occurred in the past, but as long as it is reported during the current policy term, it can trigger coverage. In order for coverage to continue, the policy must stay in force.</p>\n<p>With this type of policy, endorsements can be made so that the policy responds to incidents which occurred before the policy start date, also known as “Prior Acts” coverage. Tail Coverage is another&nbsp; extension that can be obtained wherein the insurer will cover events that occur while the policy is in force, but which the insured is unaware of during the policy period, and are reported to the insurer after the policy terminates. By obtaining tail end coverage, the claims based policy is in effect converted to an occurrence policy.</p>\n<h3>Pro’s of a Claims Made E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that if a claim arises relating to incidents which occurred before the policy start date, the claim may be covered. Another reason why this type of E&amp;O policy is purchased is because it is less expensive than occurrence based policies. Typically the premium increases over the first five years of coverage in increments proportional to the claims reporting for that experience.</p>\n<h3>Con’s of a Claims Made E&amp;O Policy</h3>\n<p>Once a “claims-made” policy has expired, purchasing insurance for past events will become difficult, expensive and perhaps not possible. Once coverage has expired, claims can no longer be submitted, even if the claim occurred during the policy term.</p>\n<p>&nbsp;</p>\n<h2>OCCURRENCE BASED E&amp;O POLICIES</h2>\n<p><strong>Occurrence Based E&amp;O Policies</strong> cover losses that occur during the policy term as long as the project/film is released or broadcast during the dates at which an incident causing damage occurs. Although the loss can be reported years later, it must have “occurred” during the policy term. This type of E&amp;O policy may not cover occurrences that happened prior to the policy being in force.</p>\n<h3>Pro’s of an Occurrence Based E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that there is no need to renew the policy to maintain coverage. Also, years after this type of policy has lapsed, a claim can be made for incidents that occurred while the policy was in force.</p>\n<h3>Con’s of an Occurrence Based E&amp;O Policy</h3>\n<p>This type of E&amp;O policy is typically more expensive than claims based policies because the insured is prepaying for tail costs whether the tail gets used or not. Another disadvantage is that if a claim arises before delivery to the broadcaster or distributor, any defense costs associated with the claim may not be covered. It’s important to <a href=\"/contact-us\" rel=\" noopener\">speak with your broker</a> about whether <strong>Prior Acts</strong> coverage is included on your Occurrence Based Policy.</p>\n<p>&nbsp;</p>\n<h2>WHY E&amp;O POLICIES ARE NEEDED?</h2>\n<ol>\n<li><em>I.e,</em> The script of your movie/show is slightly similar to another production, therefore a claim for <a href=\"/articles/how-does-an-eo-clearance-process-protect-against-plagiarism-claims\" rel=\" noopener\">plagiarism</a> could arise.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers the insured against defamation, <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">libel</a> and slander suits.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers against intellectual property rights.<span style=\"text-decoration: underline;\"></span></li>\n<li>Typically, most distributors and broadcasters will <strong>not</strong> distribute or air any production without it.<span style=\"text-decoration: underline;\"></span></li>\n<li>It protects a company or individual from financial loss.<span style=\"text-decoration: underline;\"></span></li>\n</ol>\n<h2>TYPICAL E&amp;O CLAIM SCENARIOS</h2>\n<ul>\n<li>An action brought against a production company for the production of a movie which is similar to events depicted in a novel.</li>\n<li>A <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">defamation</a>/slander suit brought against a production company based on a recognizable likeness between a fictional character in a TV series and an actual person.</li>\n<li>A production company is sued for unauthorized use of <a href=\"/articles/articles/bid/10796/title-reports-who-needs-them-e-o-insurance\" rel=\" noopener\">Titles</a> and/or Music/Stock Footage, for not acknowledging underlying works such as books, scripts of screenplays or for not requesting permission to acquire rights.</li>\n</ul>\n<h2>WHAT CAN AFFECT THE COST OF AN E&amp;O POLICY?</h2>\n<ul>\n<li>Whether an attorney’s services were used to secure <a href=\"/articles/articles/bid/26544/script-insurance-clearance-reports-what-are-they-and-why-are-they-important\" rel=\" noopener\">clearances</a> and licenses<span style=\"text-decoration: underline;\"></span></li>\n<li>The coverage limits<span style=\"text-decoration: underline;\"></span></li>\n<li>Coverage Territory<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of distribution<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of production <em>i.e.,</em> Documentary, TV Series<span style=\"text-decoration: underline;\"></span></li>\n<li>Subject matter of production<span style=\"text-decoration: underline;\"></span></li>\n<li>Production Budget<span style=\"text-decoration: underline;\"></span></li>\n</ul>\n</div></span>","publish_immediately":false,"html_title":"Film Insurance: E&O Claims Made Policies Vs. Occurrence Policies","blog_publish_to_social_media_task":"DONE","rss_body":"<h1>CLAIMS MADE vs. OCCURRENCE BASED E&amp;O</h1>\n<div class=\"hs-migrated-cms-post\">\n<p><em><img src=\"https://f.hubspotusercontent00.net/hubfs/61352/images/eando/claims-made-occurrence-based-eando-forweb600.jpg\" alt=\"CLAIMS MADE VS. OCCURRENCE BASED E&amp;O\" width=\"600\" style=\"width: 600px; display: block; margin: 0px auto;\"></em></p>\n<!--more--><h2>CLAIMS MADE E&amp;O POLICIES</h2>\n<p><strong>Claims Made E&amp;O Policies</strong> cover claims that are made during the policy term<strong>. </strong>The loss may have occurred in the past, but as long as it is reported during the current policy term, it can trigger coverage. In order for coverage to continue, the policy must stay in force.</p>\n<p>With this type of policy, endorsements can be made so that the policy responds to incidents which occurred before the policy start date, also known as “Prior Acts” coverage. Tail Coverage is another&nbsp; extension that can be obtained wherein the insurer will cover events that occur while the policy is in force, but which the insured is unaware of during the policy period, and are reported to the insurer after the policy terminates. By obtaining tail end coverage, the claims based policy is in effect converted to an occurrence policy.</p>\n<h3>Pro’s of a Claims Made E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that if a claim arises relating to incidents which occurred before the policy start date, the claim may be covered. Another reason why this type of E&amp;O policy is purchased is because it is less expensive than occurrence based policies. Typically the premium increases over the first five years of coverage in increments proportional to the claims reporting for that experience.</p>\n<h3>Con’s of a Claims Made E&amp;O Policy</h3>\n<p>Once a “claims-made” policy has expired, purchasing insurance for past events will become difficult, expensive and perhaps not possible. Once coverage has expired, claims can no longer be submitted, even if the claim occurred during the policy term.</p>\n<p>&nbsp;</p>\n<h2>OCCURRENCE BASED E&amp;O POLICIES</h2>\n<p><strong>Occurrence Based E&amp;O Policies</strong> cover losses that occur during the policy term as long as the project/film is released or broadcast during the dates at which an incident causing damage occurs. Although the loss can be reported years later, it must have “occurred” during the policy term. This type of E&amp;O policy may not cover occurrences that happened prior to the policy being in force.</p>\n<h3>Pro’s of an Occurrence Based E&amp;O Policy</h3>\n<p>A benefit of this type of policy is that there is no need to renew the policy to maintain coverage. Also, years after this type of policy has lapsed, a claim can be made for incidents that occurred while the policy was in force.</p>\n<h3>Con’s of an Occurrence Based E&amp;O Policy</h3>\n<p>This type of E&amp;O policy is typically more expensive than claims based policies because the insured is prepaying for tail costs whether the tail gets used or not. Another disadvantage is that if a claim arises before delivery to the broadcaster or distributor, any defense costs associated with the claim may not be covered. It’s important to <a href=\"/contact-us\" rel=\" noopener\">speak with your broker</a> about whether <strong>Prior Acts</strong> coverage is included on your Occurrence Based Policy.</p>\n<p>&nbsp;</p>\n<h2>WHY E&amp;O POLICIES ARE NEEDED?</h2>\n<ol>\n<li><em>I.e,</em> The script of your movie/show is slightly similar to another production, therefore a claim for <a href=\"/articles/how-does-an-eo-clearance-process-protect-against-plagiarism-claims\" rel=\" noopener\">plagiarism</a> could arise.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers the insured against defamation, <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">libel</a> and slander suits.<span style=\"text-decoration: underline;\"></span></li>\n<li>Covers against intellectual property rights.<span style=\"text-decoration: underline;\"></span></li>\n<li>Typically, most distributors and broadcasters will <strong>not</strong> distribute or air any production without it.<span style=\"text-decoration: underline;\"></span></li>\n<li>It protects a company or individual from financial loss.<span style=\"text-decoration: underline;\"></span></li>\n</ol>\n<h2>TYPICAL E&amp;O CLAIM SCENARIOS</h2>\n<ul>\n<li>An action brought against a production company for the production of a movie which is similar to events depicted in a novel.</li>\n<li>A <a href=\"/articles/eo-clearance-process-claims-of-libel\" rel=\" noopener\">defamation</a>/slander suit brought against a production company based on a recognizable likeness between a fictional character in a TV series and an actual person.</li>\n<li>A production company is sued for unauthorized use of <a href=\"/articles/articles/bid/10796/title-reports-who-needs-them-e-o-insurance\" rel=\" noopener\">Titles</a> and/or Music/Stock Footage, for not acknowledging underlying works such as books, scripts of screenplays or for not requesting permission to acquire rights.</li>\n</ul>\n<h2>WHAT CAN AFFECT THE COST OF AN E&amp;O POLICY?</h2>\n<ul>\n<li>Whether an attorney’s services were used to secure <a href=\"/articles/articles/bid/26544/script-insurance-clearance-reports-what-are-they-and-why-are-they-important\" rel=\" noopener\">clearances</a> and licenses<span style=\"text-decoration: underline;\"></span></li>\n<li>The coverage limits<span style=\"text-decoration: underline;\"></span></li>\n<li>Coverage Territory<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of distribution<span style=\"text-decoration: underline;\"></span></li>\n<li>Type of production <em>i.e.,</em> Documentary, TV Series<span style=\"text-decoration: underline;\"></span></li>\n<li>Subject matter of production<span style=\"text-decoration: underline;\"></span></li>\n<li>Production Budget<span style=\"text-decoration: underline;\"></span></li>\n</ul>\n</div>","legacy_post_guid":"8053d5be-3ddf-42e9-bc06-f6efa9b0c11d","featured_image_alt_text":"Film Insurance: E&O Claims Made Policies Vs. Occurrence Policies","enable_google_amp_output_override":false,"last_edit_session_id":null,"last_edit_update_id":null,"tag_ids":[949708709,949708774,949708809,949708814,949708904,949708924,949708954,949708959,949709499,949709809,949709884],"link_rel_canonical_url":"","published_by_id":7915797,"published_at":1597429046429,"layout_sections":{},"featured_image_width":300,"featured_image_height":175,"header":null}}

Film Insurance: E&O Claims Made Policies Vs. Occurrence Policies

Film Insurance: E&O Claims Made Policies Vs. Occurrence Policies

CLAIMS MADE vs. OCCURRENCE BASED E&O

CLAIMS MADE VS. OCCURRENCE BASED E&O

CLAIMS MADE E&O POLICIES

Claims Made E&O Policies cover claims that are made during the policy term. The loss may have occurred in the past, but as long as it is reported during the current policy term, it can trigger coverage. In order for coverage to continue, the policy must stay in force.

With this type of policy, endorsements can be made so that the policy responds to incidents which occurred before the policy start date, also known as “Prior Acts” coverage. Tail Coverage is another  extension that can be obtained wherein the insurer will cover events that occur while the policy is in force, but which the insured is unaware of during the policy period, and are reported to the insurer after the policy terminates. By obtaining tail end coverage, the claims based policy is in effect converted to an occurrence policy.

Pro’s of a Claims Made E&O Policy

A benefit of this type of policy is that if a claim arises relating to incidents which occurred before the policy start date, the claim may be covered. Another reason why this type of E&O policy is purchased is because it is less expensive than occurrence based policies. Typically the premium increases over the first five years of coverage in increments proportional to the claims reporting for that experience.

Con’s of a Claims Made E&O Policy

Once a “claims-made” policy has expired, purchasing insurance for past events will become difficult, expensive and perhaps not possible. Once coverage has expired, claims can no longer be submitted, even if the claim occurred during the policy term.

 

OCCURRENCE BASED E&O POLICIES

Occurrence Based E&O Policies cover losses that occur during the policy term as long as the project/film is released or broadcast during the dates at which an incident causing damage occurs. Although the loss can be reported years later, it must have “occurred” during the policy term. This type of E&O policy may not cover occurrences that happened prior to the policy being in force.

Pro’s of an Occurrence Based E&O Policy

A benefit of this type of policy is that there is no need to renew the policy to maintain coverage. Also, years after this type of policy has lapsed, a claim can be made for incidents that occurred while the policy was in force.

Con’s of an Occurrence Based E&O Policy

This type of E&O policy is typically more expensive than claims based policies because the insured is prepaying for tail costs whether the tail gets used or not. Another disadvantage is that if a claim arises before delivery to the broadcaster or distributor, any defense costs associated with the claim may not be covered. It’s important to speak with your broker about whether Prior Acts coverage is included on your Occurrence Based Policy.

 

WHY E&O POLICIES ARE NEEDED?

  1. I.e, The script of your movie/show is slightly similar to another production, therefore a claim for plagiarism could arise.
  2. Covers the insured against defamation, libel and slander suits.
  3. Covers against intellectual property rights.
  4. Typically, most distributors and broadcasters will not distribute or air any production without it.
  5. It protects a company or individual from financial loss.

TYPICAL E&O CLAIM SCENARIOS

  • An action brought against a production company for the production of a movie which is similar to events depicted in a novel.
  • A defamation/slander suit brought against a production company based on a recognizable likeness between a fictional character in a TV series and an actual person.
  • A production company is sued for unauthorized use of Titles and/or Music/Stock Footage, for not acknowledging underlying works such as books, scripts of screenplays or for not requesting permission to acquire rights.

WHAT CAN AFFECT THE COST OF AN E&O POLICY?

  • Whether an attorney’s services were used to secure clearances and licenses
  • The coverage limits
  • Coverage Territory
  • Type of distribution
  • Type of production i.e., Documentary, TV Series
  • Subject matter of production
  • Production Budget

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