Roll No Name

121402 Abhishek Anand

121412 Sarika Dhuri

121423 Rahul Jha

121433 Garima Mehra

121444 Shilpi Paul

121454 Payal Sawle

FILMS & TV LIABILITY

Definition of 'Liability Insurance' Any type of insurance policy that protects an individual or

business from the risk that they may be sued and held legally liable for something such as malpractice, injury or negligence.

Liability insurance policies cover both legal costs and any legal payouts for which the insured would be responsible if found legally liable.

Intentional damage and contractual liabilities are typically not covered in these types of policies.

TYPES OF LIABILITY COVERS NEEDED UNDER TV & FILM LIABILITY:

• Product liability

• Commercial General Liability

• Property Damage Liability Insurance

• Errors & Omission

• Directors & Officers

• Employer’s Liability

Product Liabilities in Film/Video There are a few examples of loss due to liability. A report of a wedding videographer being sued by his clients for a

"bad wedding video" recently made US national news. The couple was awarded nearly $1,000 from the videographer who produced the unacceptable video. All parties suffered loss in this case. The couple lost what should have been a keepsake video of their wedding. The videographer lost the money he would have made, his time and most importantly, his reputation as a video professional.

• Source : http://www.dailymail.co.uk/femail/article-1368143/Wedding-videographer-ordered-pay-compensation-dreadful-350-video.html

High profile and high insurance claims go hand-in-hand with cases of liability. In another recent case, famed director Michael Moore was sued for using 71 seconds of home video in his documentary film Sicko, allegedly violating copyright and privacy rights. After a long and expensive legal battle, the two sides settled, for undisclosed terms.Source : http://www.hollywoodreporter.com/thr-esq/michael-moore-settles-sicko-lawsuit-167314

In a final example of product liability, a southern California production company was successfully sued for a video production gone awry. The film and exercise were to be used as training for soldiers serving in Iraq and Afghanistan. During the production, the plaintiff suffered injuries from a staged interrogation using actors as interrogators and weapons loaded with blanks. The production company and the actor were ordered to pay the plaintiff $91,000.

These examples of loss and liability in TV and film production have one thing in common. Insurance was either used, or could have been used to replace, make restitution or defend the legal rights of parties in each of these varied situations.

Commercial General LiabilityFilm producers need this protection for their liabilities to

others arising out of their operations. This contract protects them for their liabilities for

unintentional bodily injury and property damage. 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 on any location sites requiring permits or certificates. 

Bodily Injury to Cast and Crew members is not covered under this cover and it should be covered by a Workers Compensation policy.

Part/Coverage A: Bodily Injury and Property Damage Liability

The policy pays if insured is legally obliged to pay damages for bodily injury or property damage covered under the policy subject to the following:

Injury/Damage should be caused by an occurrence that takes place in the covered territory.

It should happen within the policy periodThe liability is limited to indemnity limits as per

section III of the policy. This is a legal liability policy and negligence will

have to be proved to claim damages.

Part/Coverage B: Personal & advertising injury liability

The cover is provided on request. Under this policy pays the amount that the

insured becomes legally liable due to the damages arising of personal and advertising injury caused by an offence arising of personal and advertising injury caused by an offence arising out of insured’s business committed within coverage territory.

Part/Coverage C: Medical PaymentsIt covers medical expenses for bodily injury

caused by an accident within the covered territory & within the policy period provided the expenses are incurred and reported to the insurers within one year of accident. The cover is applicable for accidents occurring:

On premises owned or rented On ways next to premises owned

or rented Because of operations

 Property damage Liability insuranceAvailable coverage's in property damage liability insurance are:Negative Film & Video TapeProps, Sets and WardrobeMiscellaneous EquipmentThird Party Property DamageExtra ExpenseMoneyFilm / Video Tape in Storage

The policy provide all risks of direct physical loss of or damage to the property from any external cause, other than those specifically excluded1. Negative Film & Video TapeProperty covered in this section-Raw film or tape stock, exposed film, videotape, matrices, interpositives, positives, working prints, cutting copies etc (as mentioned in the policy) while such property is used or to be used in connection with an insured production.Limit : Upto any one accident and Any one year as stated in the declaration.2. Props, Sets and WardrobeProperty Covered in this section:Props, sets, scenery, costumes, wardrobe and similar theatrical property owned by the Insured while it is being used or to be used in relation to a declared production.Limit : Upto any one accident and Any one year as stated in the declaration3.Miscellaneous EquipmentProperty Covered in this section:Miscellaneous equipment like cameras, camera equipment, sound and lighting equipment, portable electrical equipment and similar property owned by the Insured while it is being used or to be used in relation to a declared production.Limit : Upto any one accident and Any one year as stated in the declaration

4. Third Party Property DamageProvides coverage against legal liability arising due to loss injury, or destruction of property of others while such property is in the care, custody, or control of the Insured and is used or to be used in connection with a declared productionLimit : Upto any one accident and Any one year as stated in the declaration

5. Extra ExpenseProvide coverage for extra expenses incurred in completion of principle photography of the declared production, from any external cause, other than those specifically excluded.Limit : Upto any one accident and Any one year as stated in the declaration6.MoneyProvide coverage for loss of money by any cause including theft or attempt threat to any specified safe strong room containing money, other than those specifically excludedLimit : Upto any one accident and Any one year as stated in the declaration7. Film / Video Tape in StorageProvide all risks of direct physical loss of or damage to the film/ video tape in storage at specified locations, from any external cause, other than those specifically excluded.Limit : Upto any one accident and Any one year as stated in the declaration

Errors and Omissions Liability What is it?

It is a professional liability insurance that protects companies and individuals against claims made by clients for inadequate work or negligent actions.

• Despite good management and rigorous legal clearances, a production company( film) may still face legal action from an error or omission that was not intended.

• For example, the script of your movie may be similar to another piece of work already published in a novel which could then ignite a law suit claiming that you have committed plagiarism. This is where errors and omission liability comes into play.

Coverages

Errors & Omissions (For producers): It has coverage for a wide variety of media risks against the

devastating impact of lawsuits for libel, slander, invasion of privacy, infringement of copyright and other specified torts.

E&O Provides coverage for (but is not limited to); • Improper handling of unsolicited scripts• Use of hidden cameras• Failure to obtain appropriate rights for

music and film clips• Failure to obtain appropriate releases for

individuals appearing in the production• Improper use of celebrity's name or likeness

Errors and Omissions (E&O) (For distributor):

-Indemnifies media distributors from lawsuits that may arise due to the content of the material they are distributing.

Coverage: It provides protection for media distributors (corporations, individuals and partnerships) from lawsuits that allege:

Invasion of privacy(reputation) Plagiarism or pirating of ideas Infringement of copyright(databases, literary works, ect) Libel or slander Degrading or defamation of products (trade

libel) Infringement of trademark, slogan or title

(brands, symbols, etc)

Director’s and Officer’s Liability This cover is suitable for those Directors & key officers who are in a decision -making

position. These directors and officers in pursuance of their duties may take some actions which may be in violation of certain statutes or Indian Laws.

Scope Provides cover Against any loss that the Organization may incur, on account of mistaken actions taken

in their individual capacity as Directors & Officers in pursuance of their duties under Memorandum and Articles of Association.

Against loss arising from claims made against them by reason of any wrongful Act in their Official capacity.

Legal costs & expenses incurred with the written consent of the insurers arising out of prosecution (criminal or otherwise) of any Director / officer and attendance at any investigation, examination, inquiry or other proceedings by the authority empowered to do so.

Expenses incurred by any shareholder of the Company in pursuance of a claim against any Director / Officer, which the Company is legally obliged to pay, pursuant to an order of a Court. Provide indemnity to the estate of, legal heirs or legal representatives of the Director / officer in the event of the Director / officer becoming insolvent.

Exclusions Any bodily injury ,sickness, disease or death of any person or any damage to

tangible property Dishonest, fraudulent, criminal or malicious act. Personal injury and damage to property. Pollution damage Fines, penalties, punitive or exemplary damages Any circumstances existing prior to inception date of policy

Conditions Directors and the Company shall give to underwriters immediate notice in writing

of any claim Directors and the Company shall not disclose to anyone the

existence of the policy without underwrites' consent Directors of the Company shall not be required to contest

any legal proceedings Counsel shall advise that such

proceedings should be contested. Underwriters shall not settle any claim without the consents

of the Directors or the Company

Employer's liability Who can be Insured?

Any employer whether as a Principal or contractor engaging "workmen" as defined in WC Act to cover his liability to them under statute and at common law. Employer can cover Employees who do not qualify as "Workmen" under separate table.

Scope– To pay all sums which the insured is legally liable to pay the employees

in respect of personal injury by accident or diseases 'arising out of and in the course of the employment'.

– Insured's liability arising either under common law or the laws set out in the schedule Workmen's Compensation Act 1923.– Costs or expenses incurred by the insured with the consent of the company, to defend any claims are paid in addition.

Cond… The employers’ legal liability for ‘employment’ accidents

may arise as follow:

– Personal negligence of the employer.

– The employers’ negligence in failure to use reasonable care and skill in the provision and maintenance of suitable and safe plant, safe place to work and safe system of work.

– Breach of statutory regulations in regard to

the safety of employees.

– Personal negligence of felloe employees.

– Negligence of employees in the

performance of their employment duties.