FILM PRODUCTION INSURANCE PREMIUMS: ONE WAY TO SAVE MONEY

Posted by David Hamilton on Jun 29, 2021 2:33:12 PM

Save money on your film insurance premium

One of the simplest ways to reduce film production insurance premiums is to lower the net insurable budget. The net insurable budget is the amount left once various budget line items are removed from the definition of insurable costs. The rate that is negotiated with the insurance company is typically applied against the net budget; however, note that not all of the insurers rate on net insurable, as was the case a few years ago.

A typical rate might be .70 cents per hundred dollars of net budget, depending on the current insurance market conditions. To illustrate, let us assume a cable TV movie needs to be insured with a budget of $2,000,000. Typically, we would remove the following line items as costs that do not need to be insured:

  1. Story and scenario - we will assume this amount is $50,000 (I know, writers are never paid enough).
  2. Post-Production costs - we will assume this amount is $200,000

Claims that happen during post-production are covered; however, due to the low risk of claims in post, the insurance company does not apply rate to post costs, which is why it has been removed.

$2,000,000 less script and post costs leaves a net insurable budget of $1,750,000. $1,750,000 times the negotiated rate of .70 results in a premium of $12,250. If the net were less than $1,750,000, the premium would go down.

Other budget costs to consider removing from our sample budget might be:

  1. Producer fees ($50,000)
  2. Development ($20,000)
  3. Publicity ($5,000)
  4. Overhead ($35,000)
  5. 50% of contingency ($25,000)

Removing the above items would lower the net insurable budget by $135,000 to $1,615,000 and would result in a premium savings of $945.

Once the budgeted cost is removed from the net insurable budget, it is no longer insured in the event of a claim, so producers need to be sure before removing anything from the insured budget.

As specialized film insurance brokers, we can help guide you to an appropriate net insurable budget for your film production.

Related Posts:

Related Video: WHAT IS A PREMIUM?

Topics: Short Film Insurance, Film Insurance, Entertainment Insurance, film insurance premium

Film Production Insurance and Renting Crew Personal Vehicles in Canada

Posted by David Hamilton on Jun 18, 2021 12:42:17 PM

Crew vehicles and third parties - insurance concerns

Crew vehicles and third parties - insurance concernsRoyalty-free stock photo ID: 1085625869, Shutterstock

If you plan to rent a vehicle from a crew member for your film production, there are some important steps to follow to ensure everyone is covered.

With respect to damage to the vehicle or third parties during shooting, there are two things to think about which are handled differently by insurance: damage to the vehicle itself; and damage to third party's property (Property Damage) or third parties themselves (Bodily Injury).

Scenario 1: Damage to the vehicle only

If production rents a vehicle from a rental car company, purchases the optional insurance, and adds all potential operators as drivers, then physical damage to the vehicle would be covered by the rental car policy. This would likely be your best bet as you can obtain coverage with no or small deductibles. As well, any accidents will not be charged against the driver's insurance, so they will maintain a clean driving record.

The production policy would also be in effect if, when using the driver's own vehicle, you had a deal memo with the driver stating that production was renting the vehicle.  However, the deal memo with the driver would also have to state that they are an employee of production for coverage to be in effect.

If the driver is operating their own vehicle, and you have no deal memo in place, you will not have any coverage for damage to their vehicle under your policy. Damage to their vehicle would have to be paid for by their own insurance policy (if they have physical damage insurance with the Insurance Corporation of British Columbia ICBC or another insurer), or by themselves if they have no policy. 

The production could always reimburse a driver for an incident: this is always a business decision for the production to make. In this scenario, the owner/driver is on their own. If production does decide to reimburse a driver for damage, you should have a release signed whereby the driver/owner agrees to hold the production harmless from any further claim. Otherwise, the driver could collect money from production, then claim from ICBC, and still come after production for compensation. Physical damage for rented vehicles either through Production Insurance or the Loss Damage Waiver purchased through a rental company should not respond any differently in Ontario.

Scenario 2: bodily injury or property damage

Considerations for Production Companies when renting crew vehicles in BC:

If the driver is operating their own vehicle, any third-party damage or injury will first be addressed by the driver/owner's insurance through ICBC.

There is a possibility that, in the event of injury or death suffered by a third party, the production or parent would find themselves the target of a lawsuit.

The production typically has Non-Owned Automobile Liability through their Commercial General (and Umbrella Liability policy if applicable) which will respond, subject to the terms and conditions of the policy, if the production is found liable for any bodily injury or property damage suffered by a third party. Note: in order for coverage to apply, the vehicle involved in the accident must be used on production and cannot be owned by the production or parent company.

In the event of third-party bodily injury or property damage, the first response will always be ICBC in British Columbia.

Considerations for Production Companies when renting crew vehicles in QUEBEC:

All Quebec drivers are protected by the Quebec public automobile insurance plan (Société de l'assurance Automobile du Québec). This plan offers indemnities in the event of injury or death resulting from an accident that occurred in Quebec.

One of the foundations of the Quebec auto insurance plan is its coverage regardless of anyone's liability. We often hear the term "no fault" to designate this particularity. This means that Quebecers involved in a road accident in Quebec are covered by the plan, whether or not they are responsible for the accident.

Since the principle of compensation does not take into account liability, it is not possible for an individual or a company to take legal action against the person responsible for a traffic accident.

The public automobile insurance plan does not replace your private automobile insurer; in Quebec, the law requires that all vehicle owners have a civil liability insurance policy for a minimum of $50,000. This compulsory basic insurance is used to cover property damage that you may cause to others.

Considerations for Production Companies when renting crew vehicles in Ontario:

With respect to liability, if the intent of the production company is to rent the vehicle (and not to provide a car allowance), there should be a written agreement in place between the production company and the crew member (owner).

  • The agreement should include confirmation that the crew member has their insurer’s approval to rent their vehicle to production and the policy is endorsed accordingly.
  • For short-term rentals (30 days or fewer), the production company’s Non-Owned Automobile Liability coverage under the Commercial General Liability policy will provide coverage as required by law. The owner of the vehicle is still responsible to maintain a valid automobile policy.
  • For rentals of 31 days or more, the owner may transfer the responsibility of compulsory automobile insurance to a third party (production company) via a rental/lease agreement. In this case, the production company is responsible for maintaining an Owner's Automobile Liability policy.

As the specifics of each situation vary, we recommend that the production consults with their insurance broker to arrange the necessary coverage.

Lastly, there is the potential issue of loss of the owner's safe driving credits. You should address this in the deal memo.

related post:

I'm renting a car (in Canada) for my production

RELATED LINKS:

Film Insurance 101 & How to Protect Your Film Project

Film Production Insurance: Why it is needed

Pre-Production Insurance

Film Production Insurance

How the Premium is Determined

Short Film Insurance

DigiGear Insurance

Props/Sets/Wardrobe Insurance

E&O Insurance

DICE Insurance

Third Party Property Damage

Crew Vehicles

Umbrella Vs. Excess Liability

Commercial General Liability

Negative Film / Videotape and Faulty Stock

Workers Comp

Cast Insurance

Extra Expense (EE)

Foreign Locations

Claims

Topics: Entertainment Insurance, Film insurance broker

Video: What is a Premium? What is a Deductible?

Posted by Grant Patten on Apr 28, 2020 7:54:34 AM

What is a Premium? What is a Deductible?

Disclaimer: the deductible amounts disclosed in this video are current to April 2020 and are subject to change.

What is an insurance premium?

An insurance premium is the amount of money an individual or business pays for an insurance policy. Premiums are collected and kept in reserve in order to pay out claims as they arise. The insurance company must anticipate how much premium they will need to collect in order to have the funds available to pay out losses when they occur. In layman’s terms, they have to make an educated guess.

Wondering why your premium has changed? Well, the changes in premiums this year are a reflection of the overall loss ratio on the insurance program. In order for an insurance program to remain viable, the amount paid out in losses cannot exceed the amount collected in premiums.

What is an insurance deductible?

A deductible is the amount of the loss that you are responsible for covering before the insurance policy will respond. Say you have a USB drive stolen. Replacing it would cost $60, but your deductible is $350. Although, “technically” the claim would be covered, it is below your deductible, so the insurance company wouldn’t be responsible for paying any part of the claim.

Another example: you drop your camera, but it only costs $200 to fix. Although it is the kind of damage that would be covered under the policy, you are responsible for the first $350 of the loss. In this case, again, the insurer would not have any responsibility to pay the claim, because the expense was not more than the $350 deductible.

If you damage a $500 lens, though, you would pay for the first $350 (your deductible), then the insurance company would cover the next $150.

A review of the Front Row online insurance program deductibles (in Canadian dollars):

Photography insurance (photographer.frontrowinsurance.com) deductibles:

  • Equipment deductible: $350 per occurrence
  • Photographer’s Enhancement Pack deductible: $500 per occurrence
  • Theft from an Unattended Vehicle deductible: $2,500 per occurrence
  • Outside Canada and United States of America (“Out of Country”) deductible: $750
  • General Liability deductible: $500 per occurrence

The deductible applies to any one incident, not per item. Only one deductible, whichever is highest, would apply per claim.

DigiGear insurance (digigearinsure.frontrowinsurance.com) deductibles:

  • Owned Mobile Equipment  - $1,000
  • Owned Fixed Equipment - $1,000
  • Rented Equipment - $1,000
  • Lessors' Contingency Coverage - $1,000
  • Commercial General Liability - $1,000

Short Shoot insurance (shortshoot.frontrowinsurance.com) deductibles:

The rented equipment deductible is $1,500 per event. This applies to any one incident, not per item.

Musical instrument insurance (musicians.frontrowinsurance.com) deductibles:

The equipment deductible is $250 per claim. Again: This applies to any one incident, not per item.

SOLO Theatrical Insurance (stagelive.frontrowinsurance.com) deductibles:

The deductible for Each Occurrence is $500.

Event insurance (events.frontrowinsurance.com) deductibles:

  • Rented Equipment Coverage: $500 Per Claim
  • Rented Tents/Marquees: $250 Per Claim
  • Wedding Enhancement Package Coverages: $250 Per Claim
  • Birthday Party / Bar/Bat Mitzvah / Anniversary Package Coverages: $250 Per Claim
  • Cancellation Coverage: None
  • General Liability, Each Occurrence: $500 for claims of Bodily Injury / Property Damage
  • Tenant Legal Liability: $500 Per Claim

Workplace Office insurance (workplaceinsure.frontrowinsurance.com) deductibles:

There are various deductibles under the Workplace policy. The deductible will depend on the coverage. For example, the deductible for theft of office property is $500.

Get Insurance with Front Row

Whether you’re interested in film insurance, photography insurance, event insurance or another insurance product, consider Front Row Insurance for your insurance needs.


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Topics: musical instrument insurance, Short Film Insurance, Entertainment Insurance, film insurance premium, Office Contents Insurance, Theatre Insurance, event insurance, photography insurance, DigiGear

I am renting a car (in Canada) for my production – what do I need?

Posted by Diane Konecny on Feb 20, 2020 9:03:02 AM

I am renting a car (in canada) for my production – what do I need?

Car in film production

Some of the most common questions we get from clients are about vehicles:

  • What coverage do I need? 
  • Do I need to buy anything from the rental company?
  • Can a 20-year-old production assistant (PA) drive the car(s)?

Well, here is what you need to know about renting vehicles when shooting a production in Canada. We will break it down into two sections to explain the basics.

1. DAMAGE to a car you are renting or are contractually required to provide coverage for while being used on production: 

The production policies we provide include coverage if you damage a vehicle while contracted by production. With most insurers, it is called Commercial Vehicle Physical Damage (CVPD)The coverage will have a limit per vehicle, so make sure that if you are renting expensive cars, your limit is high enough to cover any damage that can occur. You will also have to check the Aggregate, which is the most the policy will pay for any one occurrence (in case you damage multiple cars in one accident) and your deductible (the amount you need to pay for the damage before the insurance kicks in). Most policies will set the deductible as a percentage of the damage; for example, 10% with a minimum and maximum amount.

Your rental company will offer you a Collision or Loss Damage Waiver (CDW/ LDW) when renting a vehicle. Typically, these are about $20-$30 per vehicle/day. The CDW/LDW provides coverage for damage to the vehicle. There is no need to purchase this if you have our policies, which include the CVPD coverage. A bit of savings for your budget! However, if you are renting a couple of vehicles for a short period of time and you aren’t so sure about your crew’s driving skills, you may choose to get this coverage from the rental company because the deductible is usually a lower amount. 

NOTE: NOT ALL POLICIES PROVIDED BY OTHER BROKERS WILL INCLUDE THIS COVERAGE. YOU NEED TO CHECK YOUR POLICY TO MAKE SURE YOU HAVE WHAT YOU NEED, OR CONTACT FRONT ROW AND WE CAN OBTAIN PROPER COVERAGE FOR YOU.

2. AUTO LIABILITY covers damage to property or injury to other parties:

Auto liability is the portion of the policy which is regulated by the government and, to make it more complicated, it is individually regulated by each province/territory. Below is a basic breakdown by province.

Will I need to budget for an Auto Liability policy for MY production?

Province:

Coverage provided by:

Do I need to buy Auto Liability?

Newfoundland

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

Nova Scotia

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

PEI

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

New Brunswick

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

Quebec

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

Ontario

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

Manitoba

Government

No, unless you wish to increase the limit provided by the rental company. Coverage is provided for a vehicle when purchasing / renewing the license plate.

Saskatchewan

Government

No, unless you wish to increase the limit provided by the rental company. Coverage is provided for a vehicle when purchasing / renewing the license plate.

Alberta

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

BC

Government

No, unless you wish to increase the limit provided by the rental company. Coverage is provided for a vehicle when purchasing / renewing the license plate.

NWT

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

Yukon

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

Nunavut

Private insurers

Yes, if contracting a vehicle for more than 30 consecutive days.

The above-mentioned coverage outline is meant for informational purposes only and does not represent advice on coverages required. Contact us if you have a specific need or question.

Auto liability is not an option; it needs to be in place for every car driven on public roads. Make sure you have the right coverage for your location and situation so production doesn’t get a ticket, or worse, be held responsible for injury to someone or damage to property.

Hired an intern or co-op student and want them to run errands in your rental car? Is that allowed?

Well, for once it’s not us being the careful ones! You will need to contact your rental company as many will have an age restriction on drivers. Some will restrict it to 21 or 25 years old, so make sure whoever is driving is actually allowed to, as it can nullify your coverage if they aren’t.

Have more questions about auto coverage? Feel free to give any of our Front Row offices a call!

REFER A FRIEND TO FRONT ROW INSURANCE

Based on customer demand, we’ve setup our referral marketing program and if you refer a friend to Front Row, you could win a $15 Amazon eGift Card OR be entered into a random draw to win a $99 Amazon eGift Card! (depending on your province)

RELATED POSTS:

FILM PRODUCTION COMPANIES AND CAMERA CARS: REDUCING THE RISK

FILM PRODUCTION INSURANCE AND RENTING CREW PERSONAL VEHICLES

AUTOMOBILE INSURANCE FOR FILMS

Topics: Entertainment Insurance, Film Production, non-owned auto insurance, automobile insurance for films, Intern Rights

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.

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 Producer's E&O Insurance, Film Production Companies

Script Clearance and Title Search Report Cost

Posted by Anne Marie Murphy on Jan 20, 2020 8:31:01 AM

SCRIPT CLEARANCE and TITLE SEARCH REPORT COST

SCRIPT CLEARANCE REPORT COST

SCRIPT CLEARANCE REPORT COST

Script clearance reports give you a detailed list of all the story elements in your project that might cause problems in any of these categories:

A "clearance" or "script clearance" company will read the script and make a list ("clearance report") of all the places in it where there could be legal trouble. Then, they'll research all those items and present you with notes on what looks safe ("clear") to use and what might get you into some problems ("not clear"). Look for a company that will suggest solutions as well, among them providing contact information for rights holders and presenting you with "clear" alternatives for scripted items that are problematic.

As in most industries, the faster you need the work done, the more it will cost. Most script clearance companies have a range of turnaround options for a feature film report, ranging from a few days to a few weeks. You can expect to pay anywhere from $1000 to $3000 (Canadian dollars) for the first full report on a feature film script, depending on the turnaround you need and the company you hire. [U.S. title search prices range from $275-$1250.]

Additional billing often follows when more requests come from both the art department (names to use on signage and props) and the story department (revised drafts and/or one-off name changes to be checked).  Script clearance companies bill in different ways for that follow-up work (by the hour, by the item), so consult with them regarding procedures to find the best way forward for the way you work. 

A theatrical feature that is heavy on art department requests + has many rewrites that need review can run up a bill of well over $5000 for clearance work.

Clearance reports for a TV series are not typically prepared in the same short time period as they are for a feature film report (during a weeks-long shoot).  A television series can have a production schedule that stretches for many months and the script clearance reports will be generated when each episode goes into production. Here too, there can be many sets of revisions and many art department requests.  The art department clearances for episodic series work can be much heavier in the first season of the show when set dressing is going up for the first time.

The cost for these series reports is usually billed per episode (rather than for a full season) and vary depending on the length of the script. You might pay $100 for a report on a short 10-page web series or kids' animated show, but on the other end of the spectrum, a one-hour episode script might run you closer to $1000. Another added cost for series work is if you need your reports done faster than the usual promised turnaround times; that can add 50% to the price. This sometimes comes into play with web series projects that might not be aware of the E&O requirement for script clearance reports until just before they start shooting.

There are several script clearance companies based in Canada and plenty in the U.S., where the reports were first developed in the early 1950s. You'll have plenty of options for finding a company that offers what you need. Most clearance companies have a rate sheet they'll share upon request while others  will only quote on a per-project basis. You'll obviously want a company that has a good track record over a long period of time and probably one that has its own E&O coverage.

Another thing to ask for if your project will be on a streaming service is, "have you worked already for [Netflix, Apple TV, Hulu, etc.]?" Some of those companies have a long-ish vetting process for service providers with whom they are unfamiliar. That's something to keep in mind.

Sometimes a project doesn't need an entire script "cleared" but instead has just a few names that need to be researched. Depending on the company, this type of request is billed at either an hourly or a per-item rate. This approach can work well for a cash-strapped project that has experienced production personnel who can read the script and send the notes needed for the clearance house to do their work. Assuming that the art department personnel are well aware of the intellectual property issues involved in dressing a set, sending only a short list of character names out for clearances can be an excellent low-budget solution.

TITLE SEARCH REPORT COST

Pricing on title search reports is a lot less complicated than for script clearances. Simply stated: for any given title, you'll need to select the turnaround time and the geographic scope of the report. Again, the faster you need the work done, the more it will cost. Unlike a script clearance report – in which the scope of the search is determined by the geographic setting of the story – the production's distribution plan dictates the scope of the title search.

If production counsel feels strongly that the broadest possible scope is needed, then that will add to the cost of the report. The broader the scope, the more sources are consulted and the cost increases with additional research time involved. 

A title search report of limited scope at a longer turnaround time might come in at less than $300. However, once you add in a speedier delivery and your lawyer or broker's insistence on a more robust geographic scope, a title search report can cost upward of $3000.

There are even more options for providers of title search reports in North America than there are for script clearance reports, so shopping around would be wise. When in doubt, the wisest route is often picking the company that comes best recommended to you. As with any professional service provider, a referral from a company that has a long and solid track record with another company is invaluable.

Another difference between title search reports and script clearance reports is the opinion factor. Good clearance reports offer plenty of opinions about what is and is not "clear." Title searches, on the other hand, have "just the facts, ma'am." The research company is not authorized to provide you an opinion on whether the title is clear for use. That has to come from a lawyer.

SCRIPT CLEARANCE RESEARCHER / TITLE SEARCH COMPANY

Eastern Script specializes in providing research services for the entertainment industry, including script clearances and title searches. Visit their website here: https://www.easternscript.com/

Guest post by Anne Marie Murphy
amm@easternscript.com
(844) 842-3999

Related Posts:

Topics: Entertainment Insurance, Film Producer's E&O Insurance, Title reports, Script Clearance reports

Legal Expense Insurance

Posted by Grant Patten on Jan 13, 2020 8:26:34 AM

Legal Expense Insurance

Legal Expense Insurance

With legal expense insurance, your legal risks are well managed.

We know you’re busy. You’re running your business and working hard at it. But whenever you have an unforeseen legal issue, we know it means more time and work for you – and it takes you away from doing what you love.

Front Row Insurance and DAS have partnered to save you time and effort by offering the option of legal expense insurance (LEI) as a part of your Front Row policy.

How would LEI help you and your business?

A legal expense insurance policy:

  • provides you with financial coverage for a variety of potential legal events,
  • empowers you to pursue or defend your legal rights, and
  • provides you with unlimited access to a general Legal Helpline

Legal expense insurance saves you time and money by helping to:

Defend or pursue your legal rights, such as:

  • Employment Disputes: If you face legal action from an employee or ex-employee
  • Legal Defence: If your business faces criminal charges, a police investigation or an occupational health and safety investigation
  • Contract Disputes and Debt Recovery: If you face a dispute with a client or supplier in regards to a breach of contract or failure to pay an amount owed
  • Statutory Licence Protection: If your business faces a suspension, alteration or cancellation of its business licence
  • Property Protection: If there is trespass or legal nuisance to your business property
  • Bodily Injury: If you or one of your employees is injured on the job as a result of someone else’s negligence
  • Tax Protection: If you face an audit or wish to appeal a decision from the CRA

With policy limits of $100,000 per claim and $500,000 in total per policy year, DAS provides you the financial security to continue your legal action over time and against well-funded foes.

You also receive unlimited access to the DAS Legal Helpline

You will not need to search the internet or pay out of pocket for answers and assistance to your legal questions or issues. Legal information is provided, even if the issue or question is not covered by the policy. We make it easy for you as our Helpline lawyers are available:

  • 8:00 a.m. to midnight local time
  • 24/7 in an emergency situation

To learn more, please contact us.

Related Posts:


About: DAS Legal Protection Inc. is the Canadian market leader and managing general agent specializing exclusively in Legal Expense Insurance. Working with brokers and corporate partners, we create access to justice solutions so Canadian individuals, families, and business owners can exercise their rights, preserve their budget, and be confident when facing an unforeseen legal event. DAS Legal Expense Insurance policies are underwritten by Temple Insurance Company, and both companies are members of Munich Re (Group). To learn more, please visit www.das.ca.

Topics: Entertainment Insurance, Workers Compensation, legal expense

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?"

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 Producer's 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, Film Producer's E&O Insurance, Title reports

Film Production Insurance for Renovation Shows

Posted by David Hamilton on Jan 9, 2019 3:09:19 PM

reno shows film insuranceImage credit: Shutterstock Royalty-free stock photo ID: 267766223 

film production insurance for renovation shows

Arranging film production insurance for your renovation (reno) show should be done with the help of a specialized entertainment insurance broker.

The following information is to be used as a general reference only and does not alter the insurance policy wording for your specific production. In all cases, actual coverage is subject to the policy language, terms and conditions of the long form policies to be issued by the insurance company. Additionally, the following is not intended to be legal advice but rather are general recommendations intended to reduce your exposure to an insurance claim. When entering contracts with anyone you should consult a lawyer to draft appropriate language for your specific circumstances and to ensure that you are adequately protected.

With renovation shows, we suggest that you consider the following guidelines:

  • Hire a general contractor to oversee major changes and the general contractor should be responsible for hiring subcontractors.
  • Insist that the general contractor and subcontractors provide you with proof of liability insurance for their operations in the form of an insurance certificate issued by their insurance company.
  • The insurance certificate should evidence coverage for products and completed operations, should contain a cross liability and severability of interests clause and name the production company as an additional insured.
  • Homeowners should review and sign a release containing a hold harmless and waiver of subrogation clause against the production company.
  • Where possible, homeowners should be included in the renovation decision making process for each change made.
  • You should consider an indemnity provision requiring the contractor to pay you back for any expenses, claims or suits brought against you resulting from their negligence or faulty workmanship.
  • Have you made arrangements with the contractors to come back and fix problems with homes? Does the contractor provide a warranty on work performed?  The contract should be between the homeowner and general contractor (not the production company).

Ultimately, the homeowner could sue the production company and the contractor if they feel work was poorly done but adopting some of the guidelines above, having contractors who are properly insured and including the homeowner in decisions being made would greatly reduce your exposure to loss.

Decorating shows that involve changing room colours and adding new furniture etc. are less risky than more major renovations but when you are working on any third-party properties, there is a greater risk of something going wrong. Use a specialized film insurance broker to ensure you are properly covered.

Topics: Film Insurance, Entertainment Insurance, Film insurance broker