Steve Fraser

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Why do we need to answer ALL the questions on an E&O application?

Posted by Steve Fraser on Jan 27, 2020 10:48:53 AM

Why do we need to answer ALL the questions on an E&O application?

what are lawyers looking for in the responses?

E&O INSURANCE FILM | ERRORS AND OMISSIONS INSURANCE FILM:


Steve Fraser (Lawyer)
: ALL the questions on an E&O application should be answered because they all reflect something that the insurer needs to know, but most of all, it’s an administrative thing. If you don’t answer all the questions, and you’re in a hurry, it’ll slow down the process.

E&O can be very easy to obtain if you answer all the questions as completely as you can and that also means you can add to the application. Just because the application doesn’t include a line that says “this will be obtained…”, you can actually write that in. That’s probably one of the biggest things that producers should pick up: do a FULL application but also – if you’re concerned about how an answer looks – add information. You can either write it onto the application itself, or you can do it as an addition to the application.

When some of the projects are complicated like, for example, treaty co-productions or just co-productions in general and there’s more than one person who is Named Insured, put it on a separate sheet. It is so much easier to have it all in one place than to have to go chasing after it. It’s better for you and for everybody involved in the E&O insurance process.

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About: Stephen "Steve" Fraser is an international entertainment business and legal affairs lawyer in the film and television industries with co-production, financing and distribution experience.

Topics: Entertainment Insurance, E&O Insurance, Film Production Companies

Why are certain questions asked on an E&O application?

Posted by Steve Fraser on Jan 8, 2020 10:50:01 AM

Why are certain questions asked on an E&O application?

what are lawyers looking for in the responses?

E&O INSURANCE FILM | ERRORS AND OMISSIONS INSURANCE FILM:


Steve Fraser (Lawyer)
: Certain questions are asked on an E&O insurance application to help the insurance company or their counsel to gauge whether the production may be riskier than others. On the one hand, it’s a risk assessment but on the other hand, it’s also a way to check to make sure that the way that they’ve answered the question reflects that they’re aware of what the clearance procedures are and that they will follow them.

Sometimes, the entertainment lawyer who is clearance counsel for the production also signs the application or there’s a place where that lawyer has to acknowledge that they’ve seen the application. But, no surprise, it’s just a way to figure out who might think that they don’t need to comply with some of the clearance questions.

So, one of the E&O application questions is: “Is there a possibility that a living person could claim (without regard to the merits of such claim) to be identifiable in the Insured Production, whether or not that person’s name or likeness is used in it or whether or not the Insured purports it to be fictional? If “yes” has a release been obtained from such person?”

Well, if there is a possibility of something like that, we want to know about it upfront but also, that question tends to segue into: “are you getting releases? Is production doing what it needs to do to make sure that the folks who are appearing on screen (usually documentary, but also for dramas where you need performer agreements) are following what production says they will follow?"

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About: Stephen "Steve" Fraser is an international entertainment business and legal affairs lawyer in the film and television industries with co-production, financing and distribution experience.

Topics: Entertainment Insurance, E&O Insurance, Title reports, Film Production Companies

How can a film producer protect themselves from an E&O claim?

Posted by Steve Fraser on Jan 6, 2020 8:53:11 AM

How can a film producer protect themselves from an E&O claim?

FOLLOW THE E&O CLEARANCE PROCEDURES

E&O INSURANCE FILM | ERRORS AND OMISSIONS INSURANCE FILM:


Steve Fraser (Lawyer)
: A film producer can protect himself, herself or itself (because most producers incorporate) by following the clearance procedures that are included with your E&O application and/or E&O policy.

So, get yourself an entertainment lawyer, take a look at those clearance procedures, make sure you’re following them and you will avoid claims forever. The other thing you should do is get friendly with your insurance broker – they’re very helpful.

Related:

About: Stephen "Steve" Fraser is an international entertainment business and legal affairs lawyer in the film and television industries with co-production, financing and distribution experience.

Topics: Entertainment Insurance, Film insurance broker, E&O Insurance, Title reports