How does Imminent Peril Insurance Coverage Protect your Production?

Posted by David Hamilton on Dec 31, 2012 12:08:00 PM

Imminent Peril insurance coverage

Imminent Peril is part of Extra Expense (EE) coverage. EE itself is similar to Business Interruption insurance, except that it will not cover loss of income, but rather if you suffer an insured loss, it will pay for the extra costs to get your production back to filming as soon as possible. It will also reimburse you for extra costs incurred because something out of your control has prevented you from filming.

‘Imminent Peril’ is defined in the policy as “We will pay for expenses you incur to avoid a loss insured under this policy due to imminent peril to the extent that such expenses serve to avoid such loss.” It will pay for the damage you cause to prevent further damage.

 EXAMPLES of losses that would be insured by Imminent Peril:1067343 62302481[1] resized 600

- A sudden  storm hits your external set with golf ball sized hail stones. To prevent damage to your filming gear, you tear down a façade from your set to cover the cameras. The cost to rebuild the intentional damage to the set would be covered by Imminent Peril.         

- A small fire ignites in your production office.  You attempt to control the fire by switching off the gas supply, breaking the alarm glass, using fire extinguishers and fire blankets, and evacuate the building to protect persons and property.  This coverage will pay for these extra materials and lost productive time used to minimize damage.

NB: As with most other coverages, there are some standard exclusions that apply to Extra Expense coverages. Please see the policy wording for a full description of the coverage, or call a specialized film insurance broker such as Front Row Insurance.

Topics: Film Production Insurance, Entertainment Insurance, Film Insurance claims, Documentary Insurance, DICE Insurance

Film Production Insurance: Smoke and Fog Safety on The Film Set

Posted by David Hamilton on Dec 7, 2012 4:52:00 PM

To keep your film insurance premiums to a minimum utilize best practices when using fog and smoke effects on set.

The following substances are typically used to create smoke or fog:

1.            Propylene glycol, dipropylene glycol, butylene glycol, and polyethylene glycol

2.            Glycerin products

3.            Highly refined mineral oils

4.            Cryogenic gases such as carbon dioxide or liquid nitrogen

The choice of substance depends on whether it will be used indoors or outdoors, and whether the cast or crew will be exposed to it for significant period of time.

Film Production Insurance and Smoke Fog SafetyEnsure that you follow the manufacturer’s guidelines when using any of these substances. You should not alter the mix. Never heat substances above the temperatures specified in the guidelines.

Use the minimum chemical concentration for the minimum time necessary to achieve the desired fog or smoke effect. Check  the Regulation to see if the substance you are using has an exposure limit. Do not exceed exposure limits or reduce the oxygen concentration in the air below the normal level.

If necessary, have an occupational hygienist assess ways to reduce exposure and confirm that the oxygen concentration in the air is sufficient.

specialized film insurance broker is best able to present the risks associated with your film production to the film insurance underwriter to ensure you receive the best coverage and premium for your production.

Front Row Insurance Brokers are specialized Film Insurance Brokers. Please call us if you have any questions.

The above information is  based on WorkSafe – Focus on Safety – Safe Work Practices for Film and Television Production in B.C. (2001 edition)

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Film Production Companies and Camera Cars: Reducing the Risk

Posted by David Hamilton on Nov 26, 2012 5:42:00 PM

The camera car should  be engineered specifically for film and television production. The insert-camera car operator has the authority to suspend operation of the vehicle if they believe the vehicle is unsafe in any way.

General Guidelines – Follow these safety requirements when working with insert-camera cars:

  • Inspect the car – including the brakes, tires, electrical system, and towing equipment – before and after each use
  • Qualified, experienced workers must rig the car
  • When using an insert-camera car at night, install two portable tail lights on the towing vehicle
  • Do not transport crew members or equipment not directly needed for the shot sequence
  • Do not ride on the tow bar or on the exterior of the towed vehicle. Crew members may ride on a towed camera platform specifically designed for this type of work, as long as they use the necessary restraints and harnesses.
  • In most cases, insert-camera cars require a police escort during operation 

A specialized film insurance broker is best able to present the risks associated with your film production to the film insurance underwriter to ensure you receive the best coverage and premium for your production.

Front Row Insurance Brokers are specialized Film Insurance Brokers. Please contact us if you have any questions.

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Film Production Companies and Lighting Safety

Posted by David Hamilton on Nov 19, 2012 11:05:00 AM

Lighting – Set up  Film Set Lighting Safely

 

  • Use appropriate fall protection equipment when setting up lighting
  • Ensure that all lighting fixtures are supported so that they will not fall ie. Use safety wire or chain to suspend fixtures
  • Ensure that all lighting stands are property weighted with sandbags
  • Cover arc-type lamps such as HMIs in wet weather to prevent rain from entering the unit and ballast
  • When using open-faced lighting units, provide protection from shrapnel in case the bulb explodes
  • Ensure that scaffolds or other metal grids that are used to support the lighting are grounded
  • Before using any grounded equipment, test for continuity between the ground pin on the plug and the metal parts of the lighting equipment
  • Before relamping or repairing a light, turn it off and disconnect it from the power source.

A specialized film insurance broker is best able to present the risks associated with your film production to the film insurance underwriter to ensure you receive the best coverage and premium for your production.

Front Row Insurance Brokers are specialized Film Insurance Brokers. Please call us if you have any questions.

The above information is  based on WorkSafe – Focus on Safety – Safe Work Practices for Film and Television Production in B.C. (2001 edition)

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Call Sheets Help Reduce Film Production Insurance Costs

Posted by David Hamilton on Nov 14, 2012 5:44:00 PM

Daily Call Sheets are a useful way to alert cast and crew to potential hazards for that day’s shooting schedule, and to inform them about which safety precautions they might need to take.  Film Insurance underwriters appreciate the risk management component of a call sheet and take this protocol into consideration when assessing the film insurance risk of a film production.

The following should be included on Call Sheets:

  • Scheduled stunts
  • Any special effects that will be used
  • Scheduled use of firearms
  • Potential hazards specific to the location
  • Any required personal protective clothing and equipment and how workers can get it
  • The name, contact number, and location of the first aid attendant
  • The location of the first aid kit or facility
  • The location of the nearest hospital or emergency facility
  • Any other health and safety concerns that the cast and crew need to be aware of

Safety guidelines should be attached to call sheets ie. If any special effects are to be used on the set, then a safety guideline should be attached specific to the type of special effects that will used. For example, if you are shooting near a thoroughfare with lots of traffic, it may be useful to add notes about this on the call sheet. What are the weather conditions like? Will the crew require special footwear or clothing for extreme temperature? What about sunscreen or hydration requirements?

Along this line of thought, it is important to include information such as the nearest hospital, along with any other emergency numbers that are specific to your location.

Have you thought about:

Putting up safety posters in common areas around the set location as a reminder to pay attention to certain hazards around the workplace and certain locations ie. Aerial filming etc.

A specialized film insurance broker is best able to present the risks associated with your film production to the film insurance underwriter to ensure you receive the best coverage and premium for your production.

Front Row Insurance Brokers are specialized Film Insurance Brokers. Please call us if you have any questions.

The above information is  based on WorkSafe – Focus on Safety – Safe Work Practices for Film and Television Production in B.C. (2001 edition)

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Focus on Safety to Reduce Film Production Workers Compensation Claims

Posted by David Hamilton on Nov 13, 2012 2:06:00 PM

Workers comp on film sets

Film production health & safety / Workers Comp

Film production companies have an obligation toward their cast and crew members, and must ensure their health and safety.

Production Companies should:

  • Develop and implement health & safety programs
  • Provide first aid equipment and emergency procedures for workers
  • Provide personal protective clothing and equipment for workers where required by the Regulation
  • Hire qualified, Competent Workers with the proper tickets and qualifications
  • Report all incidents involving medical treatments or lost time from injury or disease to the Workers' Compensation Board (WCB)
  • Investigate all incidents, involving near misses
  • Ensure that cast and crew follow all WCB, municipal, provincial and federal requirements

Cast & Crew should:

  • Wear personal protective clothing and equipment when required
  • Alert the supervisor or production company to potential hazards
  • Immediately report work they consider unsafe to their supervisor
  • Follow safe work procedures

Production Companies should form a joint health and safety committee that is responsible for identifying potential hazards or unsafe work practices and providing suggestions to improve conditions. The committee delegates should ensure that regular workplace inspections are carried out, and confirm that incidents are investigated. Above all, it’s important to consider and respond to heath and safety recommendations from the cast & crew.

Some examples of task allocations per position are:

Production Manager – Ensure that sets and locations are inspected for potential hazards and that potential hazards are eliminated or controlled.

Production Coordinator – Communicate the distribution of information to cast, crew members and various departments within the production company.

Director – Support assistant directors in their occupational health & safety responsibilities.

Director of Photography – Make safety a priority when placing cameras and setting up lighting.

Construction Coordinator – Ensure that the construction mill has a first aid facility stocked with appropriate supplies.

Location Manager – Assess all locations for potential hazards (starting from the time of the initial scout.

SPFX/Stunt Coordinator – Hold safety talks immediately before any scheduled special effect or stunt.

* The above information is based on WorkSafe – Focus on Safety – Safe Work Practices for Film and Television Production in B.C. (2001 edition)

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Topics: Film Production Insurance, Film Insurance, Entertainment Insurance, Film insurance broker, Entertainment Insurance Broker, Film Production Insurance Premiums, Film Production, Film Insurance claims, Film Producers, Film Production Companies, Workers Comp insurance

Earthquakes & Film Production: Make an Emergency Plan before the Quake

Posted by David Hamilton on Nov 1, 2012 11:51:00 AM

Film Production Insurance and Earthquakes: It is important to make an Emergency Plan before the Earth Moves 

  • Discuss what could happen on the film set and in the film production office should an earthquake strike.
  • Make a list of what needs to be done ahead of time, and store important documents ie. financial documents and  insurance policies in waterproof containers.
  • Refer http://www.frontrowinsurance.com/new-media/
  • Appoint an appropriate out of town contact that can act as a central point of contact in an emergency.
  • Write down and exercise the plan at least once a year

 

Topics: Film Production Insurance, Film equipment insurance, Film equipment insurance, Film Gear insurance, Film Gear insurance, Film Insurance, Production Insurance, Film insurance broker, Entertainment Insurance Broker, Film Production Insurance claims, Specialized film insurance broker, Film Production, Film Insurance claims, Film Production Equipment, Film production offices, Film production equipment insurance

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

Posted by Mike Groner on Jul 10, 2012 4:31:00 PM

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
Contact Front Row Insurance Brokers to learn more about Film Errors & Omissions Insurance coverage. 
 
 

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New Film Insurance Company in Canada - Competition Benefits Producers

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

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

How a film insurance broker helps

Film InsuranceA broker will help identify the risks associated with a production. Once 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.

Related post: How to choose the right film insurance broker

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