Film Production Insurance Delaware Policy Information
Film Production Insurance Delaware. In a very competitive film art world, film producers have unique circumstances that often put them at risk of personal liability. Lots of things can go awry when you are involved in producing a film, whether it's a short film or a full-length feature. In film production, there are a variety of different perils to consider, including damage to property used while filming on location or damage to a movie studio while working there.
Motion picture production studios develop audio/visual films from an initial project proposal through final distribution. The project proposal may be initiated by customers, by purchasing screen rights to existing stories, books or plays, or conceived entirely by the studio. The filmmaker may specialize in movie production for major commercial studios, independent film production, television production, advertising and commercials, or video recording services. The five production phases are development, pre-production, production, post-production and distribution. A studio may perform all processes or use independent contractors for one or more.
The development phase turns a project idea into a viable script or screenplay. Financial backing may be solicited at this stage if the project is for a major motion picture studio. Pre-production includes planning how the film will be produced scene by scene, budgeting, and hiring staff. During production, the movie is actually created, either with traditional film or digitally. Post-production processes include editing images, building a sound track, and presenting to customers or target audiences for feedback. Once the final version is approved, a master copy is used to produce copies for distribution and release to customers.
There are liability risks for film production crews to both people and property. Savvy film production staff protect their investments with film production insurance Delaware.
Film production insurance Delaware protects your business from lawsuits with rates as low as $97/mo. Get a fast quote and your certificate of insurance now.
Lawsuits in the Film Industry
Perhaps more so than many other industries, the film industry tends to be a litigious one. For instance, in 2012, author William Faulkner's family sued Sony for using a quote from one of his novels in a production. Faulkner had been credited for the quote in the film's dialogue, but this did not protect Sony from being sued.
Sylvester Stallone was sued back in 2011 for purportedly stealing "The Expendables" script from a writer.
Warner Brothers faced a lawsuit in 1996 by two people claiming that a film released by Warner Brothers made them go on a crime binge that resulted in one of them become shot and paralyzed. Later on, city officials for Batman, Turkey, sued the company after it produced "The Dark Knight", claiming an infringement on the city's naming rights.
Over the years, many film industry investors have sued producers for various alleged shortcomings when they fail to deliver box office hits as promised.
These are just some of the different scenarios that create the need for film production insurance. Without it, production professionals face significant loss potential. The exposure of films, the sheer number of people it takes to produce a film, and the physical nature of filming is a breeding ground for litigious actions. People targeted by litigants usually have no way to predict the outcome or even see the suit coming.
Unique Film Industry Insurance Needs
All films are unique, and the risks that come along with them are also unique. DE Filmmakers have different techniques and filming formats, and the locations of films differ widely. Many use expensive technical equipment, while others use just simple video cameras. All of these differences can affect the rates in DE that you will pay for film production insurance Delaware.
Likewise, a full-time producer requires different coverage than those filmmakers who are working on one-time projects and who require short-term coverage. Either way, finding the right level of coverage is paramount to the long-term success of your work and your DE business. You may need several different types of film production insurance Delaware coverage, including:
- General liability coverage. This type of insurance protects you from claims arising from ideuries to people on the set and direct employees. It also covers damage to the property of others during production.
- Protection for equipment. This type of policy protects digital recording devices and photographic equipment.
- Professional liability coverage. This policy, known as an E&O or errors and omissions policy, provides coverage for liability and protects you from claims of character defamation, copyright infringement, privacy invasion, and libel.
- Worker's compensation. This coverage provides income and monetary payments for workers who are injured or become ill due to job-related hazards. The level of coverage you need depends on what is required in your state. In some states, the coverage may be included in your tax bill.
If you work from home or from a DE home office, you may be able to turn to your homeowner's policy for some types of coverage, but that depends on your policy and its specific limitations. Moreover, if your business is running at a profit, then your homeowner's coverage may exclude the business from being covered under its terms.
A more reliable type of protection is DE business insurance that includes the necessary inclusions needed to protect your business completely from liability and financial loss. Discussing your needs with a trusted and seasoned agent can help you find the right solution for insuring your production, your employees, your equipment, and more with film production insurance Delaware.
Comparing Film Production Insurance Costs
Working with an agent can help you find the right level of commercial coverage for your needs. Movie making is a risky business whether you produce movies as part of your profession or you are working on a one-off type of film and require minimal coverage for a limited period of time. Discussing your film production insurance Delaware needs with an agent can help you find the right amount of coverage to insure that you're fully covered in the event of an unforeseen accident or illness or accidental damage to other people's property or your own.
After researching your needs, be sure to compare different film production insurance Delaware policies to find the right policy for your budget, based on the coverage you need and your level of risk acceptance.
DE Film Production Risks & Exposures
Premises liability exposures is limited as public access is generally confined to designated waiting areas and offices. If the studio conducts production on their premises or offers tours to schools and other organizations, good housekeeping and maintenance are required to prevent injuries such as slips and falls. The floor covering must be in good condition, with steps and uneven floor surfaces prominently marked. Emergency lighting and well-marked exits are important.
Parking areas and sidewalks should be in good repair and free of ice and snow. Cast parties and launch parties may include entertainment and serving of liquor. Employees acting as bartenders should be trained to recognize the effects of alcohol.
Off-premises shooting exposures include both bodily injury and property damage. Permits must be obtained as required by law. Signed permission must be obtained when filming on private property. Contracts must be in place that outline the responsibilities of each party, including responsibility for liability exposures while shooting film. Employees may go off site to solicit and market products. There should be procedures as to how they carry out their duties, particularly policies regarding entertainment of financial backers and customers.
Professional liability exposures include copyright infringement, libel or slander, defamation of character, invasion of privacy, unauthorized use of names, ideas, music and other materials, actual or implied breach of contract related to ideas or writings, and personal injury. Written contracts and adequate documentation are keys to controlling these exposures.
Cast insurance exposures may be extensive or very limited, depending on the cast and the length of the shoot. Cast insurance provides coverage for the benefit of the production studio when a cast member cannot meet contractual obligations due to injury, disease, or death. The cost of reshooting with replacement casting can be considerable if a project is dependent on a single cast member and the shooting has taken place over a long period of time. Ensemble productions and single day shoots present the least exposure.
Workers compensation exposures are extensive and can include slips and falls on or off premises, cuts and punctures from making costumes or constructing production sets, electric shock from ungrounded equipment, falling items, work at heights, and injury from lifting of props or other equipment. Repetitive motion injuries due to computer work can be prevented with ergonomically-designed workstations.
Contracted talent used during the production phase may be considered employees and subject to workers compensation laws. Contracts must be clear regarding the applicable regulations in the state where production takes place. Additional exposures arise from doing stunts, filming projects overseas, or visiting dangerous or exotic locations.
Property exposures are primarily of an office nature unless shooting is done on premises. Construction of production sets increases the risk of fire due to the use of flammable paints and solvents. Costumes are susceptible to damage by fire, smoke and water. Smoking should be prohibited due to flammable sawdust or fabric dust in the air from cutting and assembly operations.
Expensive equipment on premises includes specialized editing equipment, sound stages, high intensity lighting, cameras, computers and sound equipment. Electrical wiring should meet current codes, be well maintained, and adequate for the occupancy. Motion picture studios may be targets for vandalism and malicious mischief. There should be after-hours security to prevent unauthorized access to the premises. Theft of equipment is a major concern. The security provided should reflect the value of the equipment and be appropriate for the area.
Business interruption exposures can be high if equipment breaks down or there is a loss. Disaster planning should be done to identify alternative facilities.
Crime exposures are from employee dishonesty and theft, including theft of customers' property and conversion of rental equipment. Background checks, including criminal history, should be performed on all employees handling money. All billing, ordering and disbursements should be handled as separate duties. Regular reconciliation and audits are vital. Motion picture studios will have expensive equipment on premises. Physical inventories should be routinely conducted.
Inland marine exposures include accounts receivable, audio/visual equipment, computers, film, theatrical property, and valuable papers and records. Audio/visual equipment includes expensive cameras and microphones needed for production. Coverage for theatrical property consisting of props, sets, costumes and equipment may be needed. There may be a bailees exposure for items borrowed or rented from others. If the studio takes goods to off-site locations for filmmaking, goods in transit coverage will be needed.
Business auto exposures are usually limited to hired and non-owned for employees running errands. If the company provides vehicles for officers or salespersons, there should be a written policy on personal and permissive use of the vehicles. Service vehicles may be used to transport equipment. All drivers must have valid licenses for the vehicles being driven. All vehicles should be maintained and records kept at a central location.
Foreign exposures can be high if production moves outside the United States. Extra-territorial property and liability coverages may be needed.
Delaware Economic Data & Commercial Insurance Regulations
For entrepreneurs who are thinking about starting up a business in Delaware, it is important to have an understanding of the state's economic outlook, as well as the regulations and limits regarding commercial insurance. With this information, you can determine if DE is, in fact, a wise location to start your business.
Below, we offer a brief overview of Delaware's economic status and the rules relating to commercial insurance.
Economic Trends For Businesses In The State Of Delaware
Delaware is home to more than 1 million businesses. This includes over half of all of the publicly traded companies in the United States, and 64 percent of the country's Fortune 500 companies. Delaware is such an appealing place for entrepreneurs because the state offers flexible corporate laws and a government that is very friendly to business owners.
The economic outlook of DE has become softer. As such, Delaware has moved down eight spots on the Forbes' Best States for Business list. The costs of operating a business are about 21 percent lower in Delaware than the national average. It is also one of the lowest ranking states in regard to labor costs. With that said, job growth is expected to reach .8 percent by the end of the 2019 calendar year. The unemployment rate is expected to remain lower than the national average, at an estimate 4.7 percent.
The industries that contribute the most to Delaware's economy include:
- Hotel & Hospitality
It is expected that these industries will continue to see growth, but there is a need for more skilled labor in these areas.
DE Commercial Insurance Regulations
The Delaware Department of Insurance regulates the insurance industry in DE. Commercial liability insurance, commonly referred to as general liability insurance, is the most common type of coverage that business owners carry. In the state of Delaware, business owners are not required to carry this type of coverage in order to operate. This state is considered a modified comparative fault state that has a negligence standard of 51 percent. The government does not put any caps on awards that are offered to those who file personal injury lawsuits against businesses in Delaware. As such, it is wise for business owners in this state to invest in commercial liability insurance, even though it isn't required.
Business owners are required to carry workers compensation in Delaware. This includes businesses that employee one or more hourly or salaried W2 employees.
Additional Resources For Arts & Recreation Insurance
Read up on small business arts and recreation commercial insurance.
- Disc Jockey DJ
- Event Planning
- Film Production
- Interior Decorator
- Interior Design
- Photo Booth
Commercial insurance policies for arts, entertainment and recreation are specialized policies that protect against the unique risks that arts and recreation businesses face.
Performing artists and companies, entertainers including musical groups, theatre groups, comedians and more, writers, performers, photographers, videographers, DJ's and so many other types.
Professional liability coverage (errors and omissions) is needed in these cases to protect their financial interests due to mistakes, errors or omissions by these professionals in doing their jobs. Fr example - a bride and groom did not like the way their wedding photos turned out.
Or a wedding planner might plan a lavish wedding, but the bride's parents who are paying for it did not like the way it went. There is a lot of gray areas with arts, and you need to be protected if your clients don't agree with you that your work was what the agreed to.
If your business is involved with children, you need to review your coverages very carefully so certain important protections are not excluded. Abuse and molestation insurance might be needed to fully protect yourself in this instance.
Minimum recommended small business insurance coverage: Business Income with Extra Expense, Employee Dishonesty, Money and Securities, Accounts Receivable, Commercial Articles Floater, Computers, Valuable Papers and Records, General Liability, Employee Benefits Liability, Umbrella Liability, Hired and Non-owned Auto Liability & Workers Compensation.
Other commercial insurance policies to consider: Building, Bailees Customers Floater, Money and Securities, Cyber Liability, Employment-related Practices Liability, Business Auto Liability and Physical Damage and Stop Gap Liability.
Request a free Film Production Insurance Delaware quote in Arden, Ardencroft, Ardentown, Bellefonte, Bethany Beach, Bethel, Blades, Bowers, Bridgeville, Camden, Cheswold, Clayton, Dagsboro, Delaware City, Delmar, Dewey Beach, Dover, Ellendale, Elsmere, Farmington, Felton, Fenwick Island, Frankford, Frederica, Georgetown, Greenwood, Harrington, Hartly, Henlopen Acres, Houston, Kenton, Laurel, Leipsic, Lewes, Little Creek, Magnolia, Middletown, Milford, Millsboro, Millville, Milton, New Castle, Newark, Newport, Ocean View, Odessa, Rehoboth Beach, Seaford, Selbyville, Slaughter Beach, Smyrna, South Bethany, Townsend, Viola, Wilmington, Woodside, Wyoming and all other cities in DE - The First State.
Also learn about Delaware small business insurance requirements for general liability, business property, commercial auto & workers compensation including DE business insurance costs. Call us (302) 273-0433.