Additional Coverage Options & FAQs
Types of Coverage Available
With and without live music – Insurance for Clubs and Restaurants – There are many moving parts to such a business. There could be a valet operation present, bouncers, lots of alcohol, food, dancing, possibly fighting, or mechanical bull riding; All of which needs specific coverage in order for coverage to be in play in the event of a loss. Garage Keepers, Bouncers Liability, Valet Liability, Crime, Assault and Battery, and Employment practices coverage are just a few of the myriad of available coverages for those operating bars or nightclubs.
This type of insurance can be written to cover against weather events and other various reasons for the event being canceled. Cancellation coverage can also include an artist failing to show for a scheduled event. There are various different types of insurance policies available for extremely specific situations. Unfortunately, it is difficult/expensive/impossible at times to cover all reasons for cancellation, but if you reach out to us and let us know what sort of scenario is developing, perhaps we can come up with a solution.
From the biggest arena known to the small city venue our insurance programs can meet budgets both big and small. Many insurance agents that compete in the marketplace cannot provide coverage for all genres of music – Our agency can provide coverage for ALL genres. As an innovator of production and entertainment related insurance we can fulfill almost any entertainment insurance request.
With over 40 years experience insuring music festivals and writing special event policies, Kelly Insurance understands that planning and executing a special event or music festival can be a costly task. That’s why we have partnered with the industry’s best entertainment insurance companies. Within our special events program, coverage can be provided on a short term basis for single events or on an annual basis for multiple events. We can fulfill almost any entertainment insurance request including rap or hip hop concerts, heavy metal concerts, events with stunts and pyrotechnics, mechanical devices, film production and many more.
Equipment houses can either rent out their equipment without operators, or you can find the same business renting equipment out with operators. An equipment rental house may have a Stageline sl250 that requires only trained crew to operate. Such could be the case for any number of Production related equipment rental houses. Is your rental house checking your customers’ certificates of insurance? We do suggest frequently auditing your customers’ certificates of insurance to ensure their accuracy and effectiveness. Remember, the coverage you have in place is not meant to insure your gear when another person or business is legally responsible for it by way of a signed agreement. Our agency can discuss this matter with you more in depth at your convenience. Feel free to give us a call or drop us a line.
We tend to think of feature films as intended to have a release to the public at some point in the future. We also tend to think of these types of films as taking longer than 60 or even 90 days for principal photography. When you aren’t sure how long a film will take to capture, or you intend to release your film to the public online or in a theater, a Film Production Portfolio could be the answer for you. We prefer to insure all of our production customers under longer term production insurance policies, but they do generally run a little more expensive. Whether you spend $100 or spend $150,000 on your entertainment insurance program, an annual plan that insures the maximum amount of available perils comes from a Production Portfolio Policy.
Educational development in the creative arts is an area that can be hard to insure. Fortunately, our agency has access to a few programs that can provide general liability and property related coverages to private schools and departments within Colleges or Universities. Developing film productions or even a student thesis production could be incredibly expensive to insure individually. However, we can help provide film production insurance for your school so that the films and activities of the students would be insured. Of course there are limitations and discussions that we would need to have in order to properly issue the insurance, but if you do own or operate a film school, call us if you need help placing your insurance program.
Our agency has insured numerous concerts involving some of the biggest names in the hip hop artist community. Kelly Insurance Group can help insure your next show. We have multiple insurance companies that can typically turn around a quote for your festival or rap concert in as little as a day. If you have a well known artist performing at your concert, please be sure to give yourself some time to procure the proper insurance. We may be able to get a quote to you within a day but such a timing constraint is not suggested when planning for such a event. If you could reach out to us well in advance of the event, we can ensure our best delivery of pricing and coverage. Please call us for your next concert, we would like to earn your business!
Using any type of vessel in your production? This coverage must be endorsed if you own or plan on renting any boats and using them in any way during your production.
If you know your production or event will be done and finished within 30 days, a short term production policy could be the option for you. Although these options are extremely affordable, if you are required to carry high limits of a specific coverage, you may not be able to change this type of coverage once purchased. Kelly Insurance Group can help you up front to determine together the best course of action. Although short term productions usually take into consideration film and video capture, someinsurance carriers actually refer to these short term productions as ‘events.’ We could talk about this subject for days, so maybe just give us a call or chat with us here.
Our agency can provide various coverages for businesses engaged in recording studios. Such a studio can include major motion picture studios or a small music recording studio in the basement of a small suburban office building. Often times a production company will hire, or use the facilities of a post production studio to complete their project. Insuring recording studios, music studios, pre-production studios, post-production studios, and film studios are in our appetite.
Stunts, Pyrotechnics, Blanks/Squibs, & Other Hazardous Activities
Types of Stunts that need discussed with your Agent and scheduled on your policy:
- Roof Jump Stunts – Sprinting across city rooftops and jumping the spans of flat roof row-houses
- Air Ram Jumps
- High Fall Stunts – Heights above 10 feet with a Choreographer
- Low Fall Jumps – Heights below 10 feet with and without Choreographer
- Aerial Performances – Coverage for Acrobatic Activities while suspended
- Musician Suspension Devices – Remember Tommy Lee’s Drum Solos?
- Jumps from Moving Trains – The Railroad Authorities must be informed.
- Board Leveraged Jumps – Teeter-Totter type where one is positioned on one side of the board and the other is opposite. Fulcrum in the middle.
- Horse Jumps with and Without a rider/jockey.
- Aquatic Maneuvers from Heights
- Moving Car Scenes
- Speed Boat Scenes
- Dead Falls – Including Bullet Falls, Punch Falls, Flop Falls, Contortion Falls, Melt Falls, Jim Carrey type falls
- Downhill Skiing Scenes
Other Examples of activities that need scheduled on Production and Entertainment related Insurance:
- Movie Boat Scenes
- Car Chase Scenes
- Vehicle Collisions (although the damage to vehicles may not be covered)
- Fireworks Displays
- Fight Scenes with or without contact
- Aerial Photography subject to FAA Guidelines and Restrictions
- Hot Air Ballooning
- Swimming and OffShore Activities
- Horseback Riding
- Use of Animals other than wild and background type grazing animals
- Specialized Photographic Equipment affixed to unique objects
Our goal is to provide more for the insurance dollar than any of our competitors. Our Preferred Event Promoter package program provides many forms of coverage that are not found in standard coverage forms. Additionally, the limits for many standard coverage parts have been increased substantially. Coverage can be custom designed to meet the particular needs of your operation. In fact in one of our programs we can schedule multiple similar events under one policy for 90 or even 120 day intervals. Similarly venues can experience some of the same exposures of a promoter, but many need added building and property coverages.
We can help determine the types of coverage your operation needs in order to best protect itself. For many venues it makes sense to implement a TULIP Insurance Program. Programs such as T.U.L.I.P. (Tenants Users Liability Insurance Policy) provides a means through which a performing act can purchase, at most times, their insurance through the venue at a hugely discounted rate. Implementing a TULIP Insurance Plan at your venue would guarantee your certificates of insurance met requirements every time.
Please take a moment and review the types of venues and promoters we have insured in the past. With your bottom line in mind our diverse programs can guarantee you save time and effort by coming to us first.
Coverage can be available for: Amphitheater Insurance, Venue Insurance, Promoter Insurance Concert Insurance, Hip Hop Concert Insurance, Rap Concert Insurance, TULIP Insurance, Tenant Users Liability Insurance Programs, Event Cancellation Coverage
Limits and Types of Other Coverage Available
Other Coverage Available
Similar to Key Person life insurance for business planning, Essential Element coverage helps provide 1st party property coverage in the event a ‘key’ person is no longer able to provide the services once agreed upon. Essential Element based Cast Insurance will (if the terms are spelled out correctly in the policy) allow the insured to completely halt and terminate the production in its entirety in the event the ‘key person’ or ‘essential person/element’ becomes incapacitated. Film financing can at times be contingent on a key person or actress/actor, in those times insurance such as Essential Element Cast Coverage would be suggested.
SAG AFTRA and other union guilds require that your provide Travel Accident insurance if you are utilizing their personnel. The guild policy provides coverage for travel to and from the production site. For Guild members, it also covers hazardous activities that are performed in association with the production and that are part of the Collective Bargaining Agreement. Some hazardous activities include: pyrotechnics and exposure to explosions, high jumps and falls, acrobatic and stunt flying and many more. These activities need to be reported prior to coverage.
Many individuals that are getting into the security guard business are looking for assault and battery coverage. Assault and battery insurance protects the security guard from vigorous claims that come up when a person was assaulted or hurt. In fact many nightclubs, strip clubs, bars, and retail stores are adding assault and battery coverage to their current liability policies. By adding this type of coverage you can help prevent those problems that occur from an assault.
If your film, event, or production (or whatever it is for that matter) takes place outside the United States at any point, it is important to consider insurance coverage that could provide insurance for lawsuits stemming from international operations. Foreign Liability is typically not insured under ‘regular’ or business owners types of policies. Therefore, let your agent know if you plan on conducting any overseas business. OFAC Clearances are required – Office of Foreign Asset Control.
This specific coverage for camera, lighting, and other production related equipment is usually required by the Rental Equipment House you are renting from. It is important that you have your insurance agent review the terms of the contract (pertaining only to the insurance portion as we are not attorneys) to make sure the coverages required are the coverages purchased and properly listed on the certificate of insurance. If you are interested in the different types of gear we can insure please click here.
Does your company use your personally owned vehicle for your production company? Do you rent grip trucks or use other peoples’ vehicles during your film production? Rental Vehicles that you rent under your business name will require hired and non-owned auto insurance liability. If you have employees’ that are using their own personal vehicles for the production then you would need to carry this hired and non-owned auto insurance liability for producers. Hired and Non Owned Auto Liability (sometimes abbreviated as HNOA) protects the assets of the business when operating vehicles not specifically owned by the business. This HNOA coverage can typically be packaged along with the production policy that includes General Liability Insurance.
Every film production company should consider having this coverage on their insurance plan. Once the footage is captured and stored on film or digital cards you can expose (no pun intended) yourself to new perils: For instance what if the post production team goes to download the files and they are corrupt somehow? Or what if the director accidentally takes the cards through airport security and for some strange reason the footage gets wiped from the cards. In order for these types of losses to be considered, the production company would need faulty stock coverage endorsed on their insurance coverage.
You are required by law to carry workers compensation insurance for your production if you have employees. One of the biggest issues we find as an agency is when production companies hire subcontractors for help but they do so without outlining or being explicitly clear about the relationship to the subcontractor. The issue presents itself when/if the subcontractor injures themselves and they come to the business owner expecting their medical bills and loss of incomewill be paid. Make sure that your subcontractor knows that they will be 1099’d at the end of the yearand also make sure they know they are not an employee. A best practice is to have your subcontractors invoice you for their work done while also providing you with a certificate of insurance.
There are SO MANY different types of coverages available and each business is different. Please call our office or send us a note to learn more!
Entertainment Insurance Q & As
Can I purchase Insurance for a 1 (One) Day Production?
Of course, you can purchase One day Film Shoot Insurance. We can customize Production policy to fit your individual needs when you need our help most. Keep in mind sometimes these types of policies can be very limited with their change-ability and their ability to add other types of coverage. If you think you need a more robust production insurance plan, maybe a 1 day policy isn’t the best coverage for your film shoot.
I am trying to put a budget together for a film I’m doing next year. How much would the insurance be for a $1.5 million dollar feature?
Budgeting for insurance is a must for film budgets big and small. If you have a film that could have a budget from $10,000,000-$100,000,000, the premium for the insurance should be less than 1% hopefully. In our experience with this approach we are typically able to provide many additional essential coverages very specific to your industry.
How much does ultra low budgie production insurance cost?
There are some insurance companies that will charge as little as $125 for a film production policy. Keep in mind that these extremely low premiums have heavy coverage restrictions in place; for instance if you have a ‘cheap’ production insurance policy and then realize that you need to rent a $5,000 camera, the coverage you bought for the film may not be changeable. Thus, because you are already in the middle of production, you need to purchase a 2nd production policy just so you can continue the principal photography. This preceding example was the best case scenario when such a change needs made. Our suggestion is to contact each location, production studio/venue, or equipment rental house and get a copy of their certificate requirements. We offer free consultation on adequate insurance limits as it relates to any specific certificate needed. Let us know how we can help you with your next project.
How often do you see production insurance claims?
In our experience, you should not be experiencing any insurance claims if your insurance premiums for the project are under $15,000. If you are paying $15,000 in insurance premiums, the film’s overall budget being north of $100,000, we expect claims to occur. The typical claims we see are damage to rented equipment and fender bender type of incidents relating to rented grip trucks and vans. Again, accidents and unforeseen events are the usual reason for insurance, so crashing the Tesla in your movie is not a claimable event unfortunately :).
What is California Assembly Bill 5 (AB5)?
CA AB5 is a bill popularly known as the ‘gig worker’ piece of legislation. This bill went into effect on 07/01/2020 and has a major impact on the film and entertainment industry. This bill, passed in California, essentially mandates that any ‘gig worker’ used in a production shall be deemed as an employee by the production company. In so doing, workers compensation is required for the respective ‘employee.’ Now, there are some key components that must be considered in order to properly determine whether the ‘gig workers’ need included under the production company’s workers compensation policy or not:
- The worker is free to perform their services without any control or direction from the company – If yes, could be a ‘gig worker’ and not an employee.
- The worker provides the same service for various companies when not working with said production company. Meaning, the said production company is not the sole source of revenue for the ‘gig worker.’ If yes, could be a ‘gig worker’ and not an employee.
- The ‘gig worker’ performs tasks that are typically considered outside the production company’s usual scope of business. If yes, could be a ‘gig worker’ and not an employee.
What is Section 107 of the Copyright Act?
Otherwise known as the Fair Use Doctrine. If you remember the acronym ‘PNAE,’ you will be well on your way to knowing more than most about fair use. Purpose, Nature, Amount, and Effect.
What would E&O cover for our production business?
Depending on the insurance company, in this case let us discuss United States Liability Insurance Company, located in Wayne Pa. Coverage such as intellectual property, patent infringement, and other creative types of material is included under the professional package policy, referred to as a microtek pak (that’s what USLI calls it).
Intellectual Property Insurance & Patent Infringement Insurance & Personal Injury Insurance as seen under the microtek pak is almost always extended but only when the production company gets written releases with respect to material that is used that is not created originally.
Confused, yet? We feel the same way.
Anything you create that you claim as your own must in fact be the case. If you create something that needs a release, like a backing audio to a sizzle reel, you must get a release from the owner of that audio, or the creator of that audio. If you fail to get a release signed by the appropriate entities, you are certainly exposing yourself to a lawsuit. If you have done the proper leg work and had releases signed, an E&O policy from USLI would help defend you and pay up to the policy limit.
If you did not get the proper releases signed and you knowingly didn’t get them signed, then some if not all of your policy limits could be in jeopardy. Aggravating the case would be if you intentionally withheld the information for the purposes of deceiving and blah blah blah. Being dishonest for the purposes of insurance gain calls into question all of your coverages. Such is the case across the board with all insurance whether its production, business, home, auto, or life insurance.
Honest mistakes happen all of the time. Even though you did your best to prevent something from happening, sometimes you can’t prevent someone from claiming they thought your character looked like them. Wasn’t there a Seinfeld Episode about Elaine and a Mannequin? Perhaps you used a city or location in your production that could be viewed negatively towards a group or, etc. Such honest mistakes are precisely what Errors and Omissions insurance (as with this case specifically) covers.