Kent Hamilton

Recent Posts

Producers E&O: What is My Distributor and Financier Asking For?

Posted by Kent Hamilton on Apr 7, 2017 3:12:31 PM

You sold your documentary! You met your distributor requirement of obtaining a three year E&O policy through the Front Row IDA E&O Program. Congratulations!

However, you  read the fine print in the contract and you’re surprised to see several requirements:

  • First, the distributor wants you to extend your policy to cover them by naming them Additional Insured in case of a claim. No problem: you just send a request and provide us with your distributors name and address. This will generate a certificate of Insurance (COI). The certificate will detail: your company name and address, what insurance company is covering you, how much insurance the project has (i.e. $1,000,000/$3,000,000), and what the retention (deductible) is (i.e. $10,000 or $25,000). You can request as many certificates  as you like under the IDA program if you make multiple sales and certs are always free.
  •  Second, the distributor wants to be covered for 5 years! You just paid a lot of money for a three year policy. Will this cost you more premium? The answer is no. There is a special endorsement that is offered on the IDA policies called a “Rights Period Endorsement (RPE) ” or “Term of Contract Endorsement (TOC)”. This endorsement will extend the length of your E&O term to match the length of your distributors agreement as long as you notify the insurance carrier prior to the expiration of your policy. Just send us your distribution contract and in the majority of cases the insurance carrier will provide you with this  money saving endorsement.

Now you can breathe easier knowing that your E&O policy is in place  to protect your company, financiers and distributors.

E&O insurance will pay your legal and judgement costs if you are found responsible for any of the following:

  1. Invasion or infringement of privacy
  2. Infringement of copyright or trademark
  3. Libel, slander or other forms of defamation
  4. Plagiarism, piracy or unfair competition resulting from the alleged use of titles, formats, ideas, characters, plots, performances of artists or performers or other material
  5. 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

To obtain a preliminary E&O quote for your project, please  CLICK HERE

You will be requested to fill out an application and a quote will be given to you in most cases within one business day.

IDA Production Insurance packages are also available:  CLICK HERE

Please note that this is an illustration only: for a detailed outline of the E&O coverage contact us and we will send you a sample policy wording. In the event of a coverage conflict given the advice above, the policy wording would prevail.

 

Tags: E&O Insurance, IDA Insurance, International Documentary Association Insurance, Documentary Insurance, Producers Errors and Omissions Insurance

E&O Insurance for film: WHO IS INSURED

Posted by Kent Hamilton on Feb 6, 2017 11:51:54 AM

You arrive home after your screening of your documentary at a well known film festival. The film was well received. You feel great! Your hard work and investment for the last five years has paid off. Your distributor is happy. But even more than that you told your  important story and exposed the truth about a difficult subject.

Film E&OThere is a knock at your door and a courier presents you with a registered letter. You sign and open the package and see that you, your company, your wife, your financial partner and your cameraman have been sued for libel and slander by the large and  powerful company that employs many lawyers. Fear  strikes! Your wife? Your investor? Your cameraman? Why would they name them on the suit?

Your mind eases when you remember that your attorney was careful to  vet the production for libel and slander issues. You remember not liking the process because some great ideas and footage had to be scrapped during editing. You are glad that you engaged a specialized clearance  attorney familiar with “fair use” issues.

And…you purchased an E&O policy for your company from a specialized Doc insurance broker. Wow! You catch your breath. Similar scenarios to this have been played out many times for many documentarians.

But am I personally protected under the policy? Is my wife, investor and cameraman protected? Or will those legal costs have to be borne separate from that of the company’s policy?

What should I do?

The first thing you should do is notify your insurance broker and forward the legal letter you received.

Under most normal situations: you, your company, your wife, the investor and the cameraman would all be protected under the policy.  You will also be provided with an expert claims adjuster and a lawyer paid by the e&o insurance company to defend your production through a settlement and even a court case if necessary.

To obtain a preliminary E&O quote, please Click Here.  You will be requested to fill out an application and a quote will be given to you in most cases within one business day.

Please note that this is an illustration only: for a detailed outline of the E&O coverage contact us and we will send you a sample policy wording. In the event of a coverage conflict given the advice above, the policy wording would prevail.

 

Tags: E&O, Film E&O, E&O Insurance, Documentary Insurance

Recent Posts

Posts by Topic

see all