 |  |  |  |  |  |  |  |  |  |  |
| D.A.R.B. Insurance Services, Inc. |
| 805.527.0645 |
| 805.527.0961 |
| Affordable Friendly Service for a Lifetime of Knowledgeable Protection! |
Entertainment Risks
Errors and Omissions Liability Insurance
This is a form of professional liability for producers and/or distributors. It
protects the named insured from claims that arise from a wide variety of
media risks that include: libel, slander, invasion of privacy, infringement of
copyright, unauthorized use of names, trade names, service marks, titles,
formats, ideas, characters, character names, characterizations, plots,
musical compositions, performances, slogans, program material or any
similar material, a breach of implied or implied-in-fact contract arising out of
the alleged submission of any literary, dramatic, musical or other similar
material, and/or breach of trust and confidence arising out of any such
submissions. Additionally, the title of a production could violate a
third-party trademark, and an accidental failure to obtain consent or a
proper license could spark a lawsuit. For this reason, most insurance
companies will require a title clearance before issuing an E&O policy.
As such, an E&O policy is often required for television sales and/or
broadcast contracts, since defense costs associated with E&O lawsuits can
be staggering.
For more information on script and title clearance, please click here
Click here for an E&O application
Click here for a Multimedia E&O application
Theatrical Property and Equipment Floaters
This is considered a form of inland marine coverage.
Equipment Floaters can cover props, scenery and costumes for a
specified production, identified on the declarations page of a policy. An
additional coverage available here is any theatrical property which is in the
named insureds care, custody or control, and/or on which the insured has
made a partial payment. This form does not cover vehicles, buildings,
jewelry, theft in an unlocked car, unexplained disappearances, or property
being transported illegally. It does cover open perils.
Click here for an Equipment Floater application
Film Coverage provides open peril coverage for exposed motion picture
film, soundtracks, video tapes, and/or magnetic tapes. It covers all risks of
physical loss or damage to the negative film and indemnifies the Production
Company for the extra expenses incurred in re-shooting the lost or
damaged material. This coverage basically covers "external" damage to the
film and specifically excludes loss from faulty materials, cameras,
processing, etc. It also does not cover unused footage, cut-outs, positive
prints and/or library stock. It also excludes deterioration due to
atmospheric dampness, use of developing chemicals, and exposure of
negative film to light. These exposures are insured under the Faulty Stock
section and therefore there are two lines of coverage that are commonly
purchased together to provide complete protection.
This is a form of professional liability for producers and/or distributors. It
protects the named insured from claims that arise from a wide variety of
media risks that include: libel, slander, invasion of privacy, infringement of
copyright, unauthorized use of names, trade names, service marks, titles,
formats, ideas, characters, character names, characterizations, plots,
musical compositions, performances, slogans, program material or any
similar material, a breach of implied or implied-in-fact contract arising out of
the alleged submission of any literary, dramatic, musical or other similar
material, and/or breach of trust and confidence arising out of any such
submissions. Additionally, the title of a production could violate a
third-party trademark, and an accidental failure to obtain consent or a
proper license could spark a lawsuit. For this reason, most insurance
companies will require a title clearance before issuing an E&O policy.
As such, an E&O policy is often required for television sales and/or
broadcast contracts, since defense costs associated with E&O lawsuits can
be staggering.
For more information on script and title clearance, please click here
Click here for an E&O application
Click here for a Multimedia E&O application
Theatrical Property and Equipment Floaters
This is considered a form of inland marine coverage.
Equipment Floaters can cover props, scenery and costumes for a
specified production, identified on the declarations page of a policy. An
additional coverage available here is any theatrical property which is in the
named insureds care, custody or control, and/or on which the insured has
made a partial payment. This form does not cover vehicles, buildings,
jewelry, theft in an unlocked car, unexplained disappearances, or property
being transported illegally. It does cover open perils.
Click here for an Equipment Floater application
Film Coverage provides open peril coverage for exposed motion picture
film, soundtracks, video tapes, and/or magnetic tapes. It covers all risks of
physical loss or damage to the negative film and indemnifies the Production
Company for the extra expenses incurred in re-shooting the lost or
damaged material. This coverage basically covers "external" damage to the
film and specifically excludes loss from faulty materials, cameras,
processing, etc. It also does not cover unused footage, cut-outs, positive
prints and/or library stock. It also excludes deterioration due to
atmospheric dampness, use of developing chemicals, and exposure of
negative film to light. These exposures are insured under the Faulty Stock
section and therefore there are two lines of coverage that are commonly
purchased together to provide complete protection.
Completion Bonds
A Completion Bond is a financial instrument that guarantees a director
and/or producer will deliver to a distributor a production per a specified
script and proposed budget. If the said director and/or producer fails to do
so, the bond company steps in to finish the production. A producer does
not necessarily have to prove to the bond company that all production
personnel are experienced or that he/she will have experienced people on
the production, although this would give comfort to the bond company, and
make the likelihood of qualifying for a bond greater. A director and/or
producer should be able to get a bond on a three million US$ production. A
producer generally secures a completion guaranty for the benefit of the
bank or other financiers who agree to make the necessary production
funding strike price available to the producer. The strike price is the
amount that the completion guarantor believes will be needed in order to
complete and deliver the film. In general, a completion guaranty assures
banks and financiers that the producers will complete and deliver the film
in keeping with the screenplay, budget and production schedule that the
bank or financiers pre-approved. In the event a production is abandoned,
the completion guarantor will fully repay all sums invested in the film by the
bank or financiers.
Cast Insurance
Cast Insurance provides coverage for additional expenses to complete
principal photography in the event of a necessary abandonment or if there
are aborted costs. This could result if an insured actress, actor, animal or
other declared person cannot begin, continue or complete their duties as a
result of death, injury or sickness. Insured individuals are initially covered
for accident only, until such time as they are medically examined and/or
complete a medical questionnaire. If the actor and/or declared individuals
qualify, based upon the medical examination and questionnaire, the
coverage will be extended. Additional coverages can include kidnapping
and/or ransom. Cast insurance normally begins four weeks prior to the first
day of principle photography. However, additional time can be purchased in
the form of Extended Pre-Production Cast Coverage.
A Completion Bond is a financial instrument that guarantees a director
and/or producer will deliver to a distributor a production per a specified
script and proposed budget. If the said director and/or producer fails to do
so, the bond company steps in to finish the production. A producer does
not necessarily have to prove to the bond company that all production
personnel are experienced or that he/she will have experienced people on
the production, although this would give comfort to the bond company, and
make the likelihood of qualifying for a bond greater. A director and/or
producer should be able to get a bond on a three million US$ production. A
producer generally secures a completion guaranty for the benefit of the
bank or other financiers who agree to make the necessary production
funding strike price available to the producer. The strike price is the
amount that the completion guarantor believes will be needed in order to
complete and deliver the film. In general, a completion guaranty assures
banks and financiers that the producers will complete and deliver the film
in keeping with the screenplay, budget and production schedule that the
bank or financiers pre-approved. In the event a production is abandoned,
the completion guarantor will fully repay all sums invested in the film by the
bank or financiers.
Cast Insurance
Cast Insurance provides coverage for additional expenses to complete
principal photography in the event of a necessary abandonment or if there
are aborted costs. This could result if an insured actress, actor, animal or
other declared person cannot begin, continue or complete their duties as a
result of death, injury or sickness. Insured individuals are initially covered
for accident only, until such time as they are medically examined and/or
complete a medical questionnaire. If the actor and/or declared individuals
qualify, based upon the medical examination and questionnaire, the
coverage will be extended. Additional coverages can include kidnapping
and/or ransom. Cast insurance normally begins four weeks prior to the first
day of principle photography. However, additional time can be purchased in
the form of Extended Pre-Production Cast Coverage.
Commercial General Liability
Film producers need this protection for any liabilities incurred to others
arising out of their operations. This contract protects them for their
liabilities for unintentional bodily injury and property damage. In other
words, it provides coverage for claims of bodily injury and/or property
damage arising out of the filming of a picture. This coverage is required
prior to filming on city and state roads or for any locations that require
permits and/or certificates. Bodily Injury to Cast and Crew is not covered
here and should be covered by a separate Workers Compensation policy.
This policy also excludes property damage to property involved with the
production, automobile liability, large watercraft liability, & aircraft liability.
These exposures can be insured with other specific policies such as
equipment floaters, bailee insurance, and/or fire insurance.
Click here for a Commercial General Liability application
Rental Houses commonly request a Certificate of Insurance providing
proof that they are named as Additional Insured on the Production
Company's General Liability policy. Locations, studios, and landlords will
also usually request a Certificate of Insurance naming them as Additional
Insured, as they are concerned about Property Damage that you might do
while on their property.
Excess or Umbrella Liability
Film production can often require liability coverage in excess of the limits
provided by a primary General Liability policy. Most entities requiring
proof of liability want a $1,000,000 limit, but some locations will often
require higher limits. An Excess or Umbrella policy can provide an
insured with higher substantial limits.
Non-Owned and Hired Auto Liability
This coverage protects the film producer and/or producers from any
liabilities that arise out of the use of automobiles that are rented, leased
or non-owned. Non-Owned Auto additionally provides coverage, if you are
sued as a result of damage caused by an employee during the course and
scope of company business. Physical damage to hired vehicles can also
be covered. If the production company owns any automobiles, they must
be specifically listed on their commercial auto policy
Film producers need this protection for any liabilities incurred to others
arising out of their operations. This contract protects them for their
liabilities for unintentional bodily injury and property damage. In other
words, it provides coverage for claims of bodily injury and/or property
damage arising out of the filming of a picture. This coverage is required
prior to filming on city and state roads or for any locations that require
permits and/or certificates. Bodily Injury to Cast and Crew is not covered
here and should be covered by a separate Workers Compensation policy.
This policy also excludes property damage to property involved with the
production, automobile liability, large watercraft liability, & aircraft liability.
These exposures can be insured with other specific policies such as
equipment floaters, bailee insurance, and/or fire insurance.
Click here for a Commercial General Liability application
Rental Houses commonly request a Certificate of Insurance providing
proof that they are named as Additional Insured on the Production
Company's General Liability policy. Locations, studios, and landlords will
also usually request a Certificate of Insurance naming them as Additional
Insured, as they are concerned about Property Damage that you might do
while on their property.
Excess or Umbrella Liability
Film production can often require liability coverage in excess of the limits
provided by a primary General Liability policy. Most entities requiring
proof of liability want a $1,000,000 limit, but some locations will often
require higher limits. An Excess or Umbrella policy can provide an
insured with higher substantial limits.
Non-Owned and Hired Auto Liability
This coverage protects the film producer and/or producers from any
liabilities that arise out of the use of automobiles that are rented, leased
or non-owned. Non-Owned Auto additionally provides coverage, if you are
sued as a result of damage caused by an employee during the course and
scope of company business. Physical damage to hired vehicles can also
be covered. If the production company owns any automobiles, they must
be specifically listed on their commercial auto policy
Right of Publicity
The right of publicity makes it unlawful to use a person's identity for
commercial advantage without permission. In recent years, that right has
grown to encompass the potential misappropriation of voice,
performance style, as well as former names.
For example, a country club sponsors a golf tournament that is attended
by celebrities. Their PR person takes photos of the celebrities for future
use in the club’s promotional literature. One of the celebrities sues for
royalties on the basis of violation of his right of publicity. Or, a
corporation hires a singer, who sounds similar to a popular country
singer, to sing the theme for its new advertising campaign. The company,
unfortunately, does not secure the rights from the singer to use the
“likeness” of his voice in its campaign. The country singer eventually
sues the company for violation of his right of publicity.
A good media liability program will protect the insured in situations such
as this.
The right of publicity makes it unlawful to use a person's identity for
commercial advantage without permission. In recent years, that right has
grown to encompass the potential misappropriation of voice,
performance style, as well as former names.
For example, a country club sponsors a golf tournament that is attended
by celebrities. Their PR person takes photos of the celebrities for future
use in the club’s promotional literature. One of the celebrities sues for
royalties on the basis of violation of his right of publicity. Or, a
corporation hires a singer, who sounds similar to a popular country
singer, to sing the theme for its new advertising campaign. The company,
unfortunately, does not secure the rights from the singer to use the
“likeness” of his voice in its campaign. The country singer eventually
sues the company for violation of his right of publicity.
A good media liability program will protect the insured in situations such
as this.
| Are you looking to insure your production? We offer both short term production packages as well as annual DICE and Foreign policies. Please contact us for a quote or more information! |
Workers Compensation
This type of insurance is required by states law. If an employee is injured
during the course of employment, coverage pays for hospitalization,
doctor bills, disability benefits and/or death benefits. Certain States will
also require a minimum amount of days to be covered annually on a
policy- even if those days the exceed the days of principal photography.
The state of California, for example, requires a minimum of 90 days of
coverage.
Additionally, all unions will require producers to carry workers
compensation insurance for the duration of the production.
Click here for a Workers Compensation application
Click here for more specific information on Workers Compensation
This type of insurance is required by states law. If an employee is injured
during the course of employment, coverage pays for hospitalization,
doctor bills, disability benefits and/or death benefits. Certain States will
also require a minimum amount of days to be covered annually on a
policy- even if those days the exceed the days of principal photography.
The state of California, for example, requires a minimum of 90 days of
coverage.
Additionally, all unions will require producers to carry workers
compensation insurance for the duration of the production.
Click here for a Workers Compensation application
Click here for more specific information on Workers Compensation
Custom Search
| Want access to insurance news, updates and in-depth Information? Subscribe to The DARB Insurance Services Blog Click Here |