Does Your Production Company Use Sub-Contractors?

Why Your Risk Just Went Up

There are many reasons why you buy production or movie insurance. But the bottom line is that you buy commercial movie insurance to protect your assets and have claims paid fairly and promptly. You also want competitively priced insurance rates.

The National Labor Relations Board (NLRB) unveiled a new standard for determining which employees are considered employees and which are considered contractors. Over the past few months, most government regulators have been cracking down on businesses that misclassify employees as contractors. These rules may make more businesses responsible for labor law violations committed by contractors and staffing agencies in wage and hour benefits.

Previously, employers were responsible only if they had direct control over working conditions. This ruling will impact temporary staffing firms which currently employ over 3 million people. In some cases, these “contractors” may be deemed joint employees.

Most State governments are cracking down on businesses that try to skirt the employee/employer relationship by identifying certain individuals as contractors. Here is a good test:

The six factors, or questions, in the “economic realities” test include:

1.   Is the work an integral part of the employer’s business?

2.   Does the worker’s managerial skill affect the worker’s opportunity for profit or loss?

3.   How does the worker’s relative investment compare to the employer’s investment?

4.   Does the work performed require special skill and initiative?

5.   Is the relationship between the worker and the employer permanent or indefinite?

6.   What is the nature and degree of the employer’s control?

The staff at John Hart Insurance has over 60 years combined experience in the field of entertainment insurance.  We focus exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies.  This knowledge base allows us to structure an insurance program specifically for each client that will be a balance of the best coverage and most economical solutions to help them manage the risks inherent to their unique businesses.

You Have Just Been Sued…How What?

How To Prepare For A Deposition

Hopefully, you or your entertainment business will never be involved in litigation. But if you are sued, your business insurance will offer defense if the claim is covered under your business insurance policy. Your business insurance carrier will become involved with defending you in court, and part of that process includes depositions.

The deposition process will include the individuals involved in the litigation. This is where both sides interview the parties to get facts about the circumstances that cased the claims or loss. A deposition is a question-and-answer session that takes place in an attorney’s office. Usually present are the attorneys for the parties, the parties themselves, and a court reporter. It will be important to think about the following items as you plan for possible litigation.

Here are some things to thing about

• .     Always be represented with legal counsel.
• .     Do not be afraid to stop and ask your attorney questions.
• .     You will be under oath, so tell the truth.
• .    I f you do not know the answers say so.
• .     Answer only the question, do no tell a story.
• .     Do not guess.
• .     If you need time to think about your answer, that is ok.
• .     Never guess in response to a question!
• .     Only answer the questions that are asked.

The staff at John Hart Insurance has over 60 years combined experience in the field of entertainment insurance.  We focus exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies.  This knowledge base allows us to structure an insurance program specifically for each client that will be a balance of the best coverage and most economical solutions to help them manage the risks inherent to their unique businesses.

You Should Really Love Your Entertainment Insurance

Most of us would never say we love our insurance. In fact, most clients don’t even read their entertainment business insurance policy. Maybe after you read this story you may have a different opinion.

A small production company was filming a short commercial in a parking lot. One of the actors was set to drive up in a car and get out to promote the product. The actor could not stop the car and it ran into three by standers, causing serious injury, the resulting damages totaled over $15,000.

Know Your Business Liability Coverage

• Bodily Injury--Bodily Injury to a third party.
• Property Damage--Damage to a third party’s property (equipment building etc.).
• Advertising Liability--Damages arising out of advertising, libel, slander, or invasion of privacy.
• Products and Completed Operations--Liability arising out of the Nonprofit’s products or business operations and services conducted, excluding professional services.
• Premises--Covers liability arising out of injury to third parties while on your premises.
• Medical Payments--A general liability coverage that reimburses others, without regard to the insured's liability, for bodily injury while on your premises.

You should also pay attention to the exclusions in your business liability insurance policy. Some of the common exclusions are:

• Pollution
• Workers’ compensation
• Directors and officers liability
• Professional services
• And more

Many of the exclusions can be added or purchased under a separate policy.

The staff at John Hart Insurance has over 60 years combined experience in the field of entertainment insurance.  We focus exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies.  This knowledge base allows us to structure an insurance program specifically for each client that will be a balance of  the best coverage and most economical solutions to help them manage the risks inherent to their unique businesses.

Combine Your Entertainment Insurance Policies And Save

Entertainment Insurance

The world is changing, and we understand the many issues that entertainment firms face every day. There is constant accountability to studios or clients, there are challenges in attracting and retaining top talent, and your cost of goods keeps going up. Part of your planning should include an annual business insurance review. We can offer a number of ways to save and improve on your business insurance program, including combining all your coverage into one “package”.

Did you know that many commercial insurance companies give discounts for combining your property, auto, liability, and even excess insurance into one program?

Here are the coverage’s we suggest you have for your business

• .     Commercial property including camera equipment  
• .     Commercial auto
• .     Business liability
• .     Excess liability
• .     Entertainment Professional liability
• .     Employment practice liability
• .     Cyber liability
• .     Employee dishonesty

A secondary benefit of combining your business insurance is that you have one place to get all your answers. If you have more than one agent working your program, there can be gaps and lack of accountability. With one professional agent you can trust them to have a complete view of your risks, exposure and then provide solutions to fit your needs.

The staff at John Hart Insurance has over 60 years combined experience in the field of entertainment insurance.  We focus exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies.  This knowledge base allows us to structure an insurance program specifically for each client that will be a balance of  the best coverage and most economical solutions to help them manage the risks inherent to their unique businesses.

Does Your Entertainment Company Use Sub-Contractors?

Why Your Risk Just Went Up

The National Labor Relations Board (NLRB) unveiled a new standard for determining which employees are considered employees and which are considered contractors. Over the past few months, most government regulators have been cracking down on businesses that misclassify employees as contractors. These rules may make more entertainment firms responsible for labor law violations committed by contractors and staffing agencies in wage and hour benefits.

Previously, employers were responsible only if they had direct control over working conditions. This ruling will impact temporary staffing firms which currently employ over 3 million people. In some cases, these “contractors” may be deemed joint employees.

California regulators are cracking down on businesses that try to skirt the employee/employer relationship by identifying certain individuals as contractors. Here is a good test:

The six factors, or questions, in the “economic realities” test include:

1.   Is the work an integral part of the employer’s business?

2.   Does the worker’s managerial skill affect the worker’s opportunity for profit or loss?

3.   How does the worker’s relative investment compare to the employer’s investment?

4.   Does the work performed require special skill and initiative?

5.   Is the relationship between the worker and the employer permanent or indefinite?

6.   What is the nature and degree of the employer’s control?

The staff at John Hart Insurance has over 60 years combined experience in the field of entertainment insurance.  We focus exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies.  This knowledge base allows us to structure an insurance program specifically for each client that will be a balance of  the best coverage and most economical solutions to help them manage the risks inherent to their unique businesses.

Does Your Production Need Increased Liability Insurance Coverage?

Entertainment or production firms are not immune from large lawsuits. Large claims involve; injury or deaths on sets, copyright issues, cancelled events, talent contracts, and more.

Umbrella Insurance provides extra protection or limits above the liability insurance you currently have. An Umbrella Insurance policy protects your production from losing the entirety of your resources and assets in the event of a large claim. Umbrella Insurance provides limits above your primary commercial insurance program.

Here is one example. While shooting an advertisement on a California highway an auto accident caused injury to two production members and a third party. The crew were covered under workers’ compensation but the by stander was not. The third party sued the production company for $2,500,000 in damages.

The staff at John Hart Insurance has over 60 years combined experience in the field of entertainment insurance.  We focus exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies.  This knowledge base allows us to structure an insurance program specifically for each client that will be a balance of the best coverage and most economical solutions to help manage the risks inherent to the client’s unique businesses.

Emerging Risks For The Entertainment Industry

Every entertainment company is different and has its own set of risks. We operate in a shrinking world, and the risks faced by local production companies are increasing and interrelated to what may be happening around the world. At John Hart Insurance we know and understand the entertainment industry. Your risks are changing and you need your insurance to evolve with your changing risks. Here are a few emerging risk management issues to be aware of.

Natural Catastrophes – In California, every business is subject to weather and other natural events. While business insurance may cover many of these, it pays to be prepared. Have you considered earthquake insurance? We suggest that every business have an emergency plan to help them manage through natural catastrophes.

Financing of Independent Films- Independent films are great, but they have many risks including loss of income due to fire, accident or even contract disputes. Make sure your film has proper insurance.

Cast Insurance - Reimburses the production company for any extra expense necessary to complete principal photography of an insured production due to death, injury or sickness of any scheduled performer or director.

Foreign Production – We all understand that traveling to a foreign country presents some logistical, social, and legal issues that should be thought through prior to travel. Traveling with a complete cast and crew to a foreign country to film a movie, compounds all those logistics.

The Workforce – The workforce is getting older, businesses must attract new and younger employees. It will be important for businesses to consider things like remote workers, flex time, and a more creative working environment, to attract the next generation of workers. In addition, employers must consider increasing benefits packages, retirement programs, and other non-financial perks.