This document discusses various types of liability insurance coverage needed for films and TV productions. It outlines product liability, commercial general liability, property damage liability, errors and omissions, directors and officers liability, and employer's liability insurance. Examples are provided of claims related to wedding videos, documentaries, and film productions to illustrate how liability insurance can help cover legal costs and payouts if a party is found legally liable. The document also provides details on coverage and exclusions for each type of liability insurance.

1. FILMS & TV LIABILITY
Roll No
Name
121402
Abhishek Anand
121412
Sarika Dhuri
121423
Rahul Jha
121433
Garima Mehra
121444
Shilpi Paul
121454
Payal Sawle

2. 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.

3. 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

4. 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/article1368143/Wedding-videographer-ordered-pay-compensationdreadful-350-video.html

5.  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/michaelmoore-settles-sicko-lawsuit-167314

6.  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.

7. Commercial General Liability
 Film 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.

8. 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 period
The 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.

9. 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.

10. Part/Coverage C: Medical Payments
It 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

11. Property damage Liability insurance
Available coverage's in property damage
liability insurance are:
Negative Film & Video Tape
Props, Sets and Wardrobe
Miscellaneous Equipment
Third Party Property Damage
Extra Expense
Money
Film / Video Tape in Storage

12. The policy provide all risks of direct physical loss of or damage to the property from any external
cause, other than those specifically excluded
1. Negative Film & Video Tape
Property covered in this sectionRaw 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 Wardrobe
Property 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 declaration
3.Miscellaneous Equipment
Property 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

13. 4. Third Party Property Damage
Provides 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 production
Limit : Upto any one accident and Any one year as stated in the declaration
5. Extra Expense
Provide 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 declaration
6.Money
Provide 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 excluded
Limit : Upto any one accident and Any one year as stated in the declaration
7. Film / Video Tape in Storage
Provide 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

14. 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.

15. 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

16. 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)

17. Director’s and Officer’s Liability
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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.

18. 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

19. 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.

20. 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.