Substantial Film Insurance Savings in Vancouver compared to Los Angeles

Posted by David Hamilton on Nov 21, 2012 5:08:00 PM

It is much less expensive to  insure a film production in Vancouver as compared to Los Angeles - $30,000 less for a film budgeted at $5,000,000.. This is a substantial benefit to a producer that is considering Louisiana, New Mexico or LA vs Vancouver.

I have prepared an excel premium savings spreadsheet for you to share with US Producers to make them aware of yet another good reason to film in BC!

You can download the premium savings spreadsheet here

Please let me know if you have any questions.

I hope to see you at the Whistler Film Festival.

david@frontrowinsurance.com

   1 604 684 3456

 

                                Front Row Insurance                                           

                                                        

Tags: Commercial Production Insurance, Film Insurance, Film Production, Film Production Insurance, Entertainment Insurance, Film insurance broker, Entertainment Insurance Broker, Annual Film Insurance, Film Production Companies, Film Insurance claims, Film Production Insurance Premiums, Film Producers, Front Row Insurance Brokers, Film production offices, Canadian Insurance

New Film Insurance Company in Canada - Competition Benefits Producers

Posted by David Hamilton on May 28, 2012 11:50:00 AM

The World's largest Film Insurance Company opens in Canada creating more Competition to BenEfit Producers. The Fireman’s Fund Insurance Company has opened an office  in Toronto.  As Canada’s largest Film Insurance Broker, we have been selected as an approved broker that can obtain quotes and production coverage from Fireman’s Fund.

Front Row is an independent broker that represents Film Producers – not the insurance companies. We can offer you quotes for your project from all four of the Film Insurance companies in Canada: Chubb, Fireman’s Fund, Premiere and Travelers.

If you are not receiving four quotes from the broker that you are using, please contact us and we would be happy to provide the missing quotes so that you ensure you are receiving the best premium and coverage available in the marketplace.

We can make the process simple for you.  If you are able to provide us with the following information, we will have an indication of costs and/or a quote for you within 24 hours or less:

1.            Dates of  Filming

2.            Copy of Budget Top Sheet

3.            Synopsis and Script

 

There is no cost or obligation – you have nothing to lose and you may benefit with a lower premium.

Our staff have a combined 205 years of experience insuring film productions in Canada.  In the event of a claim, we will ensure that you are paid the money you are owed as quickly as possible.  We have offices in Montreal, Toronto and Vancouver with a staff in excess of 16.

Articles about our firm are available on our website.

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How a Specialized Film Insurance Broker can help your Production

Posted by David Hamilton on Apr 10, 2012 5:54:00 PM

A  film insurance broker helps identify the risks associated with your film production, TV series, Documentary, Webisode, Music Video ect.

Film InsuranceOnce the risks are identified, the risk can be transferred to an insurance company for a fee or premium. The film insurance broker negotiates the lowest possible premium and the broadest coverage available in the market place. In Canada, there are four film insurance companies: Chubb, Fireman’s Fund, Premiere and Travelers. Front Row is able to provide you with a quote from each of these companies in an easy to understand comparison format.

Unlike insurance agents - who work for the insurance company -  Insurance Brokers work for the client. Insurance brokers are recognized by law as experts in insurance. Insurance Brokers in Canada must pass a series of exams in order to be licensed and there is annual continuing education to maintain a license. Make sure your broker is licensed in the province that you are shooting your production or the production could be fined or subject to a surtax.

Insurance Brokers owe a higher duty of care to their clients than an Insurance Agent. Brokers represent the interests of their clients, not the insurance companies. They offer professional advice in arranging insurance on behalf of their clients.

Since insurance brokers are considered under the law as professionals, they are responsible for their actions and can be sued for professional negligence if their advice is deemed to be faulty. All licensed brokers therefore need to carry professional Errors and Omissions coverage. You should ask your broker the limit of E&O insurance that they cover:  $1,000,000 may not be enough once defense costs are deducted from the limit.

The many roles of a broker include: 

  • Negotiate with the insurance companies on behalf of clients. There are four insurance companies in Canada: an Insurance broker must be familiar with what these companies offer so that the best price and coverage is procured for the producer.
  • Brokers facilitate claims - Because the broker works on behalf of the client, it is their duty to ensure that insurance companies pay the full amount of the claim that the client is entitled to.
  • The broker acts as a conduit for communication between the insurance company and the client. This includes providing certificates for banks, bonding companies and locations to evidence coverage allowing banks to release funds to the client, locations to be locked by the location manager and equipment to be rented.
  • Advise clients on ways to limit potential liabilities during production.
  • Review scope of the client's existing insurance policies to reveal gaps or deficiencies in the coverage.
  • Comprehensive examination of the clients production to assess the amount and type of insurance required. A broker will also help the client understand what coverage they have and do not have and they can explain any limits to the coverage.

It is important to deal with a broker that understands the specific language shown on Film Production Policies. For this reason, it is strongly suggested that you seek out a specialized Film Insurance Broker when you need insurance for your production.

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E&O: Acquire proper permission before you eat at McD****** or drink a C***

Posted by Doran Chandler on Mar 20, 2012 3:02:00 PM


It happens more often than you might expect: a producer completes a film, locks picture, makes a sale, and then drops by our law office to inquire about “clearing” the film for Errors & Omissions insurance coverage. In reviewing the film, we note that the producer filmed copyrighted and trademarked material, but failed to get the necessary permission to include it in the film.

E&O insurance policies insure against claims arising from accidentally infringing a copyright or trademark, invading someone’s privacy or otherwise getting tripped up on someone else’s rights. In order to qualify for E&O coverage, the film in question must be fully cleared and the producer must acquire all necessary permissions from third parties whose rights might otherwise be infringed. If a film includes material that potentially infringes a third party’s copyright and permission has not been acquired, there are a number of options to consider.

First, the film could be edited to remove the offending material. This is only a viable option if time, finances and/or creative willingness permit. Second, there may be an exception allowing the inclusion of certain copyrighted material in the film without permission.

Likely the most popular excuse for copyright infringements is the concept of “fair use”. Although referred to regularly in industry reference materials available here in Canada, fair use is a US principle based on the belief that it is not “fair” to find every copying to be a violation of copyright law if such copying was for certain purposes, including criticism or review. (For example, the concept of “parody” falls under fair use in the US and has provided many a filmmaker with substantial sources of otherwise protected material. Thank you Mel Brooks and Mike Myers!)



Fair use does not exist in Canada and is often used interchangeably, and often confusingly, with “fair dealing”, the concept found in the Canadian Copyright Act. Other than in very clear-cut cases, extreme caution must be used in relying on fair dealing, which is a very limited defense as the use of the material must be for “private study, research, criticism, review or newspaper summary”. Unfortunately, because there are no hard and fast rules available, it is impossible to define what is and is not fair dealing.

Other than fair dealing, in Canada, the concept of “incidental inclusion” may provide another possible exception to copyright infringement. If the use of copyrighted material is very minor and is incidentally and not deliberately included, (for example, a pre-existing credit card door sticker at a retail location), it is likely that the use will fall within incidental inclusion and will not be considered an infringement. It can become prohibitively expensive and time consuming to clear every protected item in a film, no matter how small the use.

If E&O insurance is required, and if none of the above options is feasible, in some cases it may be possible to “exclude” the offending material from the E&O insurance policy and effectively assume the risk yourself. (Be aware, however, that these types of exclusions may not be acceptable to broadcasters and distributors.)

The bottom line? Always, always, always ensure that you acquire all necessary permission to include any protected material in your film before you start shooting.

Tags: Film Insurance, Film Production, Film Production Insurance, Entertainment Insurance, E&O insurance for Films, E&O Insurance, Errors and Omissions coverage for films, Film insurance broker, Entertainment Insurance Broker, Multimendia Risk, Multimedia Risk Insurance, Film Insurance claims, Film Production Insurance Premiums, Film Producers, TV and Film Producers E&O Insurance cost, Canadian Insurance Broker, Canadian Insurance, Canada Film Broker, E&O

A Canadian Insurance Broker Needed to Avoid Potential Tax Penalties

Posted by David Hamilton on Feb 7, 2012 2:55:00 PM

If you are a US Insurance Broker that has a client with a Canadian subsidiary, Canadian tax law requires that: 

  • The policy must be issued by a licensed Canadian insurer
  • The premium must be paid by the Canadian subsidiary directly to a licensed Canadian broker who then  must pay the Canadian insurer.
  • If an unlicensed insurer is used, Provincial tax penalties may be as high as 50% of the premium and an additional Federal tax of 10% of the premium will also be levied

A US Insurance Broker that does not hold a license in Canada will not be able to place business with a Canadian insurance company. Furthermore a US broker that does not hold a Canadian license is not allowed to provide insurance advice to a Canadian company – even if it is a subsidiary of a US parent company. To do so will incur a premium tax and penalties that are payable by the subsidiary. 

A broker licensed and domiciled in Canada will make sure that your client complies with all insurance regulations so that the policy will respond when required. A Canadian Entertainment Insurance Broker will also ensure that the premiums qualify for any applicable tax credits.

This article explains the law well and in detail l and that the CRA (the equivalent of your IRS) is being stricter about enforcing it- http://www.canadianunderwriter.ca/news/excise-tax-extends-its-reach/1000405882/.

At Front Row, we would be happy to assist you insure your subsidiaries inCanada. Ask us how.

Please contact David Hamilton:  604-684-3456 or e-mail david@frontrowinsurance.com

Tags: directors & officers liablity, Documentary Insurance, Documentary Films, Film Production Insurance, Entertainment Insurance, Errors and Omissions coverage for films, DICE Insurance, Entertainment Insurance Broker, Film Production Companies, Film Production Insurance Premiums, Front Row Insurance Brokers, Front Row, Canadian Insurance Broker, Canadian Insurance, Canada Film Broker, US Insurance Broker

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