Special Coverage Considerations

While our Documentary Producers Insurance Program provides coverage for the majority of your filming and taping operations, there are some productions that may involve the use of special property or high risk locations or hazardous operations. These unusual risks may not be covered unless endorsed on the policies, as most policies require that the company be notified of any “hazardous” or dangerous situations which may cause an increase in the likelihood of a claim. When in doubt, contact your Insurance Representative.

It may be necessary to arrange special coverage which may involve an additional premium. The additional premiums will depend on the exposures at risk, the type of coverage, the location and term of coverage needed and other variables. In order to get a premium quotation, as much information as possible must be supplied to underwriters including “who, what, where, when and how”.

To develop a proposal for you, especially with special coverage needs, you must provide as much detail as possible including a full budget and production schedule.

The following is a list of coverage which you may need which is not provided by a standard Production Insurance policy:

Computer Generated Images

The Negative/Faulty and Extra Expense coverages on a Production Package do not usually include CGI software and related media. If your production involves CGI, special wording must be added to your policy to extend coverage for losses involving CGI media and software.

Jewelry, Fine Arts, Furs Antiques

The Props Sets & Wardrobe section of the Production Package provides a sub-limit usually $5,000 - $10,000 for these items. If you will be using items valued in excess of this limit, you must specifically arrange it.

Cast Including Subject, Producer Or Director

This provides coverage for the expense incurred as a result of the insured cast/key personnel or subject’s illness, injury, death or disability which interrupts the shooting schedule or completion of the production.

An appropriate application must be completed, and physical examinations/medical certificates are required for each individual to be insured which are subject to company underwriting approval.

Talent Costs

If you are required to pay for talent cost for a re-shoot, as a result of any other claim covered by the Production policy and for which you did not originally pay the talent, you must have a Talent Cost Endorsement. This is much more common in the production of commercials where such ambiguities may arise between and among the production company, advertising agency and the client

Group Travel Accident

This policy provides coverage for all persons involved in your production for Accidental Death and Dismemberment Coverage. It can be extended to include Lost Wages and some Accident Medical Expense. This policy is required if you are using Guild members in your project, or are a signatory for any Guilds.

Aircraft

Whenever a production involves the use of an aircraft, you should notify your Insurance Representative. Non-Owned Aircraft Liability is required to provide legal liability for Bodily Injury and Property Damage to third parties arising from the use of the aircraft.

We suggest when hiring an aircraft, that you are added as an “Additional Insured” with a “Waiver of Subrogation” clause on the aircraft leasing company’s policy. Special attention should be paid to aircraft charter agreements and leasing contracts so that you understand what you are liable for with or without insurance.

Pilots

If a Charter Pilot is provided by the leasing company, you should not be held responsible for any physical damage to the aircraft hull. However, if you do not use the Charter Pilot provided by the leasing company, you will be likely be required to provide all the insurance coverage, both aircraft liability and hull physical damage. Primary aircraft liability and physical damage is difficult and time consuming to arrange, in addition to being costly. Be sure to contact your Insurance Representative well in advance if this coverage will be needed.

Workers Compensation

This is Statutory coverage that applies to all temporary or permanent production crew and cast.

THE DEFINITION OF AN INDEPENDENT CONTRACTOR UNDER WORKERS COMPENSATION STATUTES ARE NOT THE SAME AS THE TAX REGULATIONS. DO NOT ASSUME THAT YOU DO NOT HAVE TO COVER PERSONS PAID ON A CONTRACT, 1099, OR CASH BASIS FOR WORKERS COMPENSATION.

Workers Compensation provides medical expenses, lost wages and death benefits for employment related injuries, illness or death.. Coverage for U.S. citizens is nationwide and will usually extend to temporary foreign work assignments. Some policies have limitations of coverage. It is important to check with your Insurance Representative when working in or hiring States other than your own domicile especially any work involving foreign locations or persons.

If you are using a payroll service that provides Workers Compensation, you will still need a contingent policy to pick up the occasional hire that may not be paid by the payroll service. Always obtain a Certificate of Insurance from the Payroll Service Company/Employer of Record.

Animals

Animal actors are required to have insurance just like their human counterparts. If you are planning a shoot using animals, the animal actor company may require you to provide Animal Mortality Insurance while in your employ. You will need to provide the following information:

• The type and number of animals used
• The insurable value of each animal.
• Description of the scenes the animals will be in.
• The total duration of the animal use
• A Veterinary Certificate from the owner.
• Who will be handling the animal during the filming operations

If you are planning a nature shoot of animal life, you should take the necessary precautions to protect yourself while in their natural habitat.

Automobiles

Most auto rental agencies provide very minimum limits of liability insurance for a charge per day, most will include Comprehensive & Collision coverage, often referred to as the Collision Damage Waiver.

In some jurisdictions, such as California and Florida, you may be required to provide the primary insurance if you rent a vehicle for commercial purposes. There are some coverage options to consider when renting vehicles:

You may purchase the Collision Damage Waiver from the rental agency along with higher limits of liability. However, you must read the fine print. Make sure that you comply with all of the rental company’s requirements such as listing each and every driver or coverage will be voided.

You may purchase the Non-Owned and Hired Automobile Liability policy with coverage for theft and damage to Hired, Loaned & Donated vehicles, as a supplement to the coverages the rental company provides. However, please note that the insurance policy normally has a fairly high deductible.

Some credit cards provide Auto Physical Damage on auto rentals in the U.S.. However, credit cards have limitations on the types of vehicles they will cover such as jeeps, vans, R.V.’s and high performance cars and their use. You should verify the terms of coverage with your credit card company before relying on their coverage. Terms of coverage are very restrictive.

High performance vehicles, antique or classic vehicles, big rigs, mobile homes, and other specialized or customized vehicles may not qualify for coverage and need a special rider.

PRODUCTION PERSONNEL RENTING VEHICLES IN THEIR OWN NAMES ARE NOT COVERED UNDER YOUR AUTO POLICY UNLESS YOU HAVE A WRITTEN CONTRACT AGREEING TO DO SO. EMPLOYEES ARE NOT COVERED UNDER YOUR AUTO POLICY UNLESS “EMPLOYEES AS INSUREDS” ENDORSEMENT OR SPECIFIC WORDING IS ADDED TO YOUR POLICY.

Watercraft

The Commercial General Liability policy usually provides coverage for non-owned use of watercraft up to 26 feet. Should you require the use of any watercraft in excess of 26 feet, additional coverage is required.

As with aircraft, when leasing a watercraft with a Master and crew, you should have yourself included as an “Additional Insured” on the policy covering the boat. If you are required to provide the Master and crew (bare boat charter) it will be necessary for you to provide the Liability (Protection and Indemnity) as well as physical damage to the boat (Hull). It is always recommended that any watercraft be leased with a Master and crew.

Railroads

Railroads, such as AMTRAK require that production companies provide them with a specific Liability policy called Railroad Protective Liability for filming on or near railroad property. If you are doing anything around a large railroad, be sure to contact your Insurance Representative well in advance.

Railroad Protective Liability is NOT covered under your Commercial General Liability policy.

Unusual Hazards

There is specific wording on all policies relating to increases in hazards. There are many exclusions and limitations especially for hazardous operations such as precision driving, stunts, climbing and rigging, the use of fireworks and pyrotechnics and dangerous filming locations, such as war zones, remote areas, mountain climbing expeditions, use of prototype equipment and such.

Foreign Filming Locations

U.S. Liability policies provide coverage on a (limited) worldwide basis. Coverage applies wherever the loss occurs, but will only provide legal defense and payment of judgments if the suit is brought against you in the U.S. If you are sued in a foreign country, there is no coverage under domestic (USA) liability policies.

If you are filming abroad, we suggest a specific foreign liability policy which can also include some foreign Employers Liability coverage, extended voluntary Workers Compensation coverage for U.S. nationals such as emergency evacuation and 24 hour legal and medical assistance. Many foreign jurisdictions have Employers Liability and Workers Compensation statutes that must be adhered to if local nationals are being hired. Always discuss foreign operations with your Insurance Representative.

Political Risk

Production Insurance does not cover Political Risks, such as Confiscation, Expropriation, Seizure by Government Authority, or willful Destruction or Deprivation.

Extra Expenses can be incurred in the event you are ordered to leave the country either by order of the Government, revocation of permits, licenses and permission and unable to complete your shoot.

Kidnap/Ransom is another consideration for traveling into areas where there is known terrorist activities and military conflicts. Americans, especially, have often been the targets. Careful consideration should be given when traveling to dangerous locations.

War Risks

War risks are not covered under any standard policy. Limited coverage may be available depending upon the country and circumstances but never during actual conflict.

If think you need any of these coverages, you must make arrangements well in advance.

Non-Appearance And Production Cancellation

This coverage is not just for celebrities and entertainment events. Contingency insurance can be used to cover financial losses as a result of the cancellation or postponement of events beyond your control; or the death, injury or illness of key people which would adversely affect your production.

Adverse Weather

Adverse Weather insurance can be purchased for extra expenses and aborted expenses as a result of cancellation or postponement of filming or taping.

Working With Children

Children are subject to strict labor laws and required to be given extraordinary care while working on a production. There is no coverage for disability benefits or loss of income for persons under the age of 16. Cast insurance usually excludes childhood diseases, such as chicken pox, measles, mumps, and such, and special coverage will undoubtedly be needed.