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  • Errors & Omissions Insurance Coverage – scam?

    Posted by Richard Kuenneke on August 28, 2009 at 1:14 pm

    I’d like to hear from all producers, writers, editors, or whomever about their experience with errors and omissions (malpractice) insurance. I’d also like to know where you got it.

    I’m developing a project and it appears I will need to buy coverage if I want the local PBS station to carry it, a half-hour educational/historical documentary.

    I’m not pleased with the one insurance company I’ve talked to. When I say “documentary” they envision something “edgy” that might inspire a lawsuit. Cost for insurance on a “documentary” is at least $2,500.00 – or roughly speaking – 13% of the entire budget!

    Do you have such coverage – if so, why? Do your clients require it? Can you recommend an insurance company with reasonable rates? Another issue with the above mentioned insurance company, their application was incoherent. I couldn’t read or understand many of the questions, which makes me wonder if they’re giving themselves a back door to coverage denial.

    Thanks!!!

    Adam Deierling replied 13 years, 2 months ago 14 Members · 37 Replies
  • 37 Replies
  • Richard Herd

    August 28, 2009 at 5:48 pm

    Not sure I understand your questions. E/O itself, in principle, is not a scam, but a particular agency offering E/O could be.

    True Story: Contracted designer made a logo for my brand. A well-known motorcycle brand sued. Huge money paid out. Now all designers for my brand are required to carry $3 Mil E/O policy.

  • Grinner Hester

    August 28, 2009 at 7:22 pm

    Malpractice??
    mal requires no practice.
    or premiums.

  • Bill Davis

    August 29, 2009 at 1:03 am

    IIRC, my E&O coverage was just a rider to my general business and comprehensive liability policy.

    I think adding it upped my premium by $50 a year or something. Nothing substantial.

    Look, ALL insurance is a RISK game. From the insurance company point of view, they’re goal is to take in the largest premiums possible and pay out the least claims possible. That’s how insurance companies work. Pure and simple. So if you come to them with any whiff of a potential claim issue, of course they’re going to quote you the moon.

    But if you’re just shopping for general insurance with out the whiff of a specific exposure, the rules then to change. In other words, if it’s just part of your run of the mill insurance profile, it’s a small incremental bump.

    If you don’t have general business insurance, shop around. You can probably get a GREAT policy that covers E&O for far less than what they’re quoting for a rider for just that.

    That’s how it works in my experience, but I’m not an expert by any means.

    Just a guy who pays premiums every month so I can pull a certificate when someone asks – and hopes I’ll never need the insurance I keep buying. (sigh)

    YMMV.

    Good luck.

  • Walter Biscardi

    August 29, 2009 at 2:10 am

    Most all networks and broadcasters will require this, especially any show that deals with “facts” or factual situations. If someone says you’re wrong, they can file suit against the station and you, this insurance protects you in the case of an error or ommission in the show, just like the name says.

    A Producer I work with uses the Hays Agency in Washington, DC.

    Walter Biscardi, Jr.
    Editor, Colorist, Director, Writer, Consultant, Author.
    Credits include multiple Emmy, Telly, Aurora and Peabody Awards.
    Owner, Biscardi Creative Media featuring HD Post

    Biscardi Creative Media

    Creative Cow Forum Host:
    Apple Final Cut Pro, Apple Motion, Apple Color, AJA Kona, Business & Marketing, Maxx Digital.

    Read my Blog!

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  • Richard Kuenneke

    August 29, 2009 at 2:45 am

    Thanks

  • Richard Kuenneke

    August 29, 2009 at 2:56 am

    Something just doesn’t jive with all of this. I know all of you who have responded are correct and I know I’ll have to buy it. But it seems like overkill for what I’m trying to do.

    Thanks again for the posts – this is a fantastic forum. I’m very grateful.

    Rich

    Rich

  • Walter Biscardi

    August 29, 2009 at 3:01 am

    [Richard Kuenneke] “Something just doesn’t jive with all of this. I know all of you who have responded are correct and I know I’ll have to buy it. But it seems like overkill for what I’m trying to do. “

    Well, going back to your first question:
    I’m developing a project and it appears I will need to buy coverage if I want the local PBS station to carry it, a half-hour educational/historical documentary.

    Educational / historical means you’re dealing with facts. It’s not a work of fiction. Therefore, E & O is required by pretty much anyone who will run it. Price depends on the station, how many airings, where it will air, etc….

    Walter Biscardi, Jr.
    Editor, Colorist, Director, Writer, Consultant, Author.
    Credits include multiple Emmy, Telly, Aurora and Peabody Awards.
    Owner, Biscardi Creative Media featuring HD Post

    Biscardi Creative Media

    Creative Cow Forum Host:
    Apple Final Cut Pro, Apple Motion, Apple Color, AJA Kona, Business & Marketing, Maxx Digital.

    Read my Blog!

    Twitter!

  • David Roth weiss

    August 29, 2009 at 5:49 am

    [Richard Kuenneke] “I know I’ll have to buy it. But it seems like overkill for what I’m trying to do.”

    No, you may not have to buy it. You can speak with the general manager or the programming director and ask them to cover you under their E&O policy. If they like you they’ll do it.

    David Roth Weiss
    Director/Editor
    David Weiss Productions, Inc.
    Los Angeles

    POST-PRODUCTION WITHOUT THE USUAL INSANITY ™

    A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.

  • Walter Biscardi

    August 29, 2009 at 12:46 pm

    [David Roth Weiss] “No, you may not have to buy it. You can speak with the general manager or the programming director and ask them to cover you under their E&O policy. If they like you they’ll do it. “

    Do you actually know of stations doing this? I’ve never experienced that in our work. It’s always the production company that has to provide their own E&O since the station / network had nothing to do with the production itself.

    I could see your scenario playing out if the station / network was somehow involved with the actual production asking them to put us under their blanket.. I’d love to know some of your examples of a station providing the E&O to a project they have not participated in. Would certainly save us a lot of money on our end if we could point to some examples.

    Walter Biscardi, Jr.
    Editor, Colorist, Director, Writer, Consultant, Author.
    Credits include multiple Emmy, Telly, Aurora and Peabody Awards.
    Owner, Biscardi Creative Media featuring HD Post

    Biscardi Creative Media

    Creative Cow Forum Host:
    Apple Final Cut Pro, Apple Motion, Apple Color, AJA Kona, Business & Marketing, Maxx Digital.

    Read my Blog!

    Twitter!

  • Tim Wilson

    August 29, 2009 at 1:32 pm

    Note re: insurance in general. This is a great time to look for new policies for EVERYTHING. If you can show that you’re even vaguely solvent, and have kept up payments on your old policy with no or only minor claims, you can save big.

    We wound up at companies with much higher satisfaction ratings who are also pleasanter to deal with….and saved well over $1000 on home and auto. Took care of it in a little time online and 2 phone calls.

    I bet you’ll find the same for bidness.

    And to underscore: look for new insurance that includes what you’re looking for. Adding individual pieces can cost more than the base policy.

    Tim Wilson
    Creative Cow Magazine!

    My Blog: “Is this thing on? Oh it’s on!”

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