S4C Self Insurance Scheme

Transcription

1 S4C Self Insurance Scheme S4C operates a Self Insurance Scheme and this has been in existence since March The S4C insurance scheme offers a standard format of cover and is available for all productions commissioned where S4C is the financier. It is the producer's responsibility to ensure that the production is adequately insured but the producer will be assisted by Aon Ltd., S4C Insurance Advisors, who have established an administration and risk management procedure to place the insurance cover according to requirements. Production details will be forwarded to Aon Ltd. by the programme finance unit at S4C reposnsible for your company's contract. Producers' should then liaise with Aon Ltd to discuss and confirm the details about the production and ensure full cover. Special requirements and any additional covers will be discussed with Aon Ltd and S4C. Aon Contact Details With effect from 26th June 2006, Independent Producers commissioned by S4C in respect of all current and any new productions, should contact : Aon Cyfyngedig Aon Ltd Commerical Insurance Division Tower House Fairfax Street Bristol BS1 3BT Principal contacts are: - Hannah Boulton Direct Dial: hannah.boulton@ars.aon.co.uk Peter Birmingham Direct Dial: peter.birmingham@ars.aon.co.uk Stuart Hutchings Direct Dial: stuart.hutchings@ars.aon.co.uk Out of hours emergencies For out of hour emergencies, contact details are as follows:- Hannah Boulton Mobile : Stuart Hutchings Mobile :

2 S4C PRODUCTION INSURANCE SCHEME FOR INDEPENDENT PROGRAMME SUPPLIERS CONTENTS PAGE Introduction 1. Cast Insurance 2. Negative and Videotape Insurance 3. Faulty Stock, Camera and Processing Insurance 4. Props, Set, Wardrobes, Miscellaneous Equip. Insurance 5. Extra Expense Insurance 6. Third Party Property Damage Liability Insurance 7. Production Office Contents Insurance 8. Cash Insurance 9. Employers Liability Insurance 10. Public Liability Insurance 11. United States Liability 12. Motor Insurance 13. Film Union Temporary Life & Personal Accident / Travel 14. Uninsured Risks

3 INTRODUCTION STANDARD AND ADDITIONAL COVER The S4C production insurance scheme offers a standard form of cover as summarised herein. The principal exclusions and those identified in bold are not generally insurable. However, other exclusions may be imposed depending on the particular circumstances and if additional cover is considered necessary this may be arranged by discussion between the Producer and Aon Insurance Brokers provided that S4C regards the additional insurance to be necessary and reasonable. EMPLOYERS AND PUBLIC LIABILITY INSURANCE Annual liability insurance will be in force for all productions. It will not however, be the intention for this cover to embrace liabilities arising from non S4C productions and it is therefore imperative that each production company maintains in force separate and adequate insurances for their non S4C activities. All S4C productions are insured on the basis that premiums are met by S4C through the S4C production budget. CHANGE TO MATERIAL FACTS Duty to disclose Material Information. Material Information is information that would influence an insurer in deciding whether a risk is acceptable and, if so, the premium, terms and conditions to be applied. Failure to disclose all such information could result in the policy being rendered void, so that claims would not be paid. Before inception of cover:- All material information must be disclosed to insurers to enable terms to be negotiated and cover arranged. This is not limited to answering specific questions that may be asked. Any changes which may occur or come to light after a quotation has been given must also be notified. After inception of cover: The duty to disclose is re-imposed when there are changes or variations in cover and when the policy is renewed or extended. In addition, changes which substantially increase the risk, or relate to compliance with a warranty or condition in the policy must be notified at once. To ensure that cover is not prejudiced, please refer to Aon if there is any doubt as to what information needs to be disclosed. CLAIMS NOTIFICATION To avoid problems with late notification of claims, all incidents likely to give rise to a claim must be reported to us immediately. This applies whether or not a claims has been made against you. Liability should never be admitted and claims against you should be referred to Aon unacknowledged.

4 DUTY OF CARE Your insurers anticipate a Duty of Care and you are expected to:- 1. Utilise all security systems and devices in the correct manner and maintain them to the required standard. 2. Take all reasonable precautions to protect property. 3. Safeguard the life and health of all employees. Many policies carry specific Conditions and Warranties governing this and you should carefully check that you are not in breach of these. 1. CAST INSURANCE: Any loss or extra expenditure incurred in completing the principal photography of the insured production following death, injury or sickness or kidnapping of members of the cast or production team occurring during the currency of the policy who are identified for cover and medical information for each person satisfactorily to insurers has been accepted. LIMITS OF The gross insurable production costs, less scripts, archive, admin, production fee and insurance. PERIOD OF The declared period of pre production and principal photography. EXCESS: Productions up to 1,000,000 10% of the loss, with a minimum of 250 and a maximum of 750 each and every loss Productions over 1,000,000 10% of the loss, with a minimum of 250 and a and up to 2,750,000 maximum 1,500 each and every loss. PRINCIPAL POLICY EXCLUSIONS: Flying other than as a fare paying passenger. * Hazardous stunts. Inability to perform due to pregnancy. Persons over 70 or under 9. * Additional cover may often be arranged for those exclusions marked * on receipt of full details and further discussion with Aon Insurance Brokers. Exclusions marked in bold are not (as a general rule) insurable.

5 2. VIDEOTAPE / NEGATIVE ALL RISKS: Any loss or extra expenditure incurred in completing the photography or taping of the specified production following loss of or damage to raw film, tape stock, exposed film, recorded videotape, sound tracks and tapes and prints used in connection with the production. LIMITS OF The gross insurable production costs, less scripts, archive, admin, production fee and insurance. PERIOD OF From inception of the cover until the protection print or duplicate tape has been completed and stored separately from the original. EXCESS: Productions up to 1,000,000 10% of the loss, with a minimum of 250 and a maximum of 750 each and every loss. Productions over 1,000,000 10% of the loss, with a minimum of 250 and a and up to 2,750,000 maximum 1,500 each and every loss. PRINCIPAL EXCLUSIONS: Intentional destruction of duplicate work prints, back up tapes or retakes. Exposure to magnetic or electrical fields. Delay in delivery of raw film stock and return of daily rushes to locations/base. Errors of judgement in exposure, lighting or sound recording or use of incorrect materials. Faulty manipulation by the cameraman or assistants. Back up tape, unused footage or library stock; Exclusions marked in bold are not insurable. 3. FAULTY CAMERA, STOCK & PROCESSING INSURANCE Any loss as a result of damage to or destruction of exposed film (developed or undeveloped) and recorded videotape and sound tracks and tapes used in connection therewith caused by an Insured peril when such property of the Insured or the property of others for which the Insured is legally liable with such property is used or to be used in connection with a specifically declared production.

6 LIMITS OF The gross insurable production costs, less scripts, archive, admin, production fee and insurance. PERIOD OF From inception of cover until the production print or duplicate tape has been completed and stored separately from the original. EXCESS: Productions up to 1,000,000 10% of the loss, with a minimum of 250 and a maximum of 750 each and every loss. Productions over 1,000,000 10% of the loss, with a minimum of 250 and a and up to 2,750,000 maximum 1,500 each and every loss. PRINCIPAL EXCLUSIONS: Errors of judgement in exposure, lighting or sound recording or from the use of incorrect type of raw stock. Faulty manipulation by the cameraman or assistants. Exposure or videotape and videotape recordings to magnetic or electrical fields (other than in connection with the recording or reproduction of such videotape recordings. Exclusions marked in bold are not insurable. WARRANTY: 1. It is warranted that no duplicate work, prints or offshoots are intentionally destroyed during the currency of this insurance. 2. It is warranted that cameras, lenses and equipment are fully tested by the Producers and proved to be sound at the commencement of filming or taping of the insured production. 4. PROPS, SETS, WARDROBE AND MISCELLANEOUS EQUIPMENT: Props, sets, scenery, costumes, wardrobe and similar theatrical property, personal property including cameras and camera equipment, sound and lighting equipment and other equipment including office equipment and walkie talkies used in connection with the specified production. LIMITS OF As declared at the beginning of the production. PERIOD OF From inception of the cover until the production print or duplicate tape has been completed and stored separately from the original.

7 EXCESS: 250 each and every loss for props, sets, wardrobes and miscellaneous equipment increasing to 500 for personal property etc and to 1,000 for thefts from unattended vehicles if left overnight. There is no excess for fire, lightning explosion, storm, hail, collision, derailment or overturning of conveyance. PRINCIPAL EXCLUSIONS: Insects, vermin, wear, tear, gradual deterioration, and breakage of fragile materials*, unless caused by a peril not excluded. Any work, process, test, cleaning or any other form of process. Shortage of inventory or mysterious disappearance. Weather damage to property in the open,* Short circuit or other electrical breakdown. Breakage of the lighting element of any theatrical apparatus unless caused by fire.* Intentional damage. Permanent buildings.* Animals, plants, money, jewellery, gold, furs, passports and airline tickets.* Aircraft, watercraft, motor vehicles or mobile equipment (to be insured separately).* Additional cover may sometimes be arranged for those exclusions marked * on receipt of full details and further discussion with Aon Insurance Brokers. Exclusions marked in bold are not (as a general rule) insurable. 5. EXTRA EXPENSE INSURANCE: Any extra expenditure incurred in completing the photography of the specified production following physical loss or damage to property or facilities used in connection with the production. LIMIT OF As declared at the commencement of the production PERIOD OF From inception of the cover until the production print or duplicate tape has been completed and stored separately from the original. EXCESS: 500 each and every loss.

8 PRINCIPAL EXCLUSIONS: Insects, vermin, wear, tear, gradual deterioration, and breakage of fragile materials*, unless caused by a peril not excluded. Any work, process, test, cleaning or any other form of process. Shortage of inventory or mysterious disappearance. Loss or damage to film or tape.(insured under Film Negative and Videotape Section). Weather damage to property in the open.* Short circuit or other electrical disturbance. Breakage of the lighting element of any theatrical apparatus unless caused by fire.* Loss of use of animals including injury, sickness or death of animals.* Intentional damage. Mechanical breakdown. Additional cover may sometimes be arranged for those exclusions marked * on receipt of full details and further discussion with Aon Insurance Brokers. Exclusions marked in bold are not (as a general rule) insurable. 6. THIRD PARTY PROPERTY DAMAGE LIABILITY: Legal liability for loss or damage to property under the control of the producer to include loss of use and used in connection with the specified production. LIMITS OF As declared at the beginning of the production. PERIOD OF From inception of the cover until the production print or duplicate tape has been complemented and stored separately from the original. EXCESS: 100 each and every loss. PRINCIPAL EXCLUSIONS: Intentional damage (including damage as a result of special effects e.g. fire damage or stunt). The operation of motor vehicles, aircraft or watercraft. (To be insured separately). Props, sets and wardrobes. (Insured under Props, Set and Wardrobe Section). Premises leased or rented, on a permanent basis (To be insured separately). Mysterious or unexplained disappearance. Animals.*

9 Additional cover may be arranged for those exclusions marked * on receipt of full details and further discussion with Aon Insurance Brokers. Exclusions marked in bold are not insurable. 7. PRODUCTION OFFICE CONTENTS INSURANCE Cover can be provided for temporary production office contents only i.e. items purchased hired or borrowed by the Production for use only by the Production. It is recommended that cover is effected as soon as the location of the production has been established. Please also notify Aon of any additional production offices that may be used on location. A list of all equipment to be insured should be sent to Aon before cover can commence. It will be necessary to advise us of the overall replacement as new values of the contents, if possible split between:- Technical Equipment (Monitors/VCR s/computer/off Line Editing Equipment, etc) Tenants Improvements (Money expended on decoration, carpets, screening etc) All other contents. DEDUCTIBLE: 250 each and every loss PRINCIPAL EXCLUSIONS: This section does not cover against loss or damage directly or indirectly caused by or resulting from: Latent defect, mechanical or structural defect or breakdown and wear, tear Damage sustained while the property is being actually worked upon or loss or damage to any property undergoing construction, alterations, repair or testing, unless caused by a peril not otherwise excluded; Shortage of inventory or any unexplained loss or mysterious disappearance; Antiques, objects of art, rugs, furs, jewellery, precious or semi precious stones / metals / alloys, letters of credit, passport, credit cards and railroad, airline or other tickets 8. CASH INSURANCE This section is designed to provide cover for cash and other negotiable documents carried or held by the production in respect of any Production declared. It will be necessary for the production to disclose in advance the maximum limit likely to be at risk at any one time. Details of safes, strong boxes, etc, together with estimated carryings during the course of the production should be advised. Consideration must be given to safe and sensible banking procedures, carrying of cash etc. The production is responsible at all times to take adequate care of cash and ensure that cash carryings and storage is kept to an absolute minimum. Precise cover/limits should be agreed with Aon. Claims for loss of cash left anywhere unattended i.e. hotel room, motor vehicle, unlocked office etc will not be paid. It is therefore important to utilise hotel/motel safes and

10 deposit boxers at all times when appropriate. Where the carrying of cash unavoidable cover will be conditional on the actual sum being divided between senior members of the production team. For precise detail of these requirements please contact Aon as far as possible in advance of cover being required. Special terms may be necessary depending on value at risk, location etc. Suspected thefts must always be reported to the police. DEDUCTIBLE: 100 each and every loss PRINCIPAL EXCLUSIONS: This section does not cover loss, damage or destruction; due to any fraudulent, dishonest or criminal act by an employee, director, trustee or any other authorised representative of the production. 9. EMPLOYERS LIABILITY INSURANCE: Indemnity for legal liability following death of or bodily injury or disease sustained by employees during and arising out of or in the course of their employment within Great Britain, Northern Ireland, Channel Islands or the Isle of Man and elsewhere in the World, subject to actions being brought within the jurisdiction of British Courts. INDEMNITY LIMITS: 10,000,000 any one incident or claim or series of claims arising from one event. PERIOD OF From inception of the cover until completion of the declared period of principal photography. PRINCIPAL EXCLUSIONS: Without prior agreement :- Aerial Sports Water Sports Diving Motor Sports Racing Stunts Archery & use of firearms Wrestling Fencing Martial Arts Equestrian Sports Underwater Photography

11 Winter Sports Climbing Potholing Caving Abseiling Boxing BMX / Mountain Biking Judo Skate Boarding Additional cover may be arranged for all excluded activities:- 1. Full details of the activity 2. Risk Assessment 3. Copy of Contractor / Activity provides Public Liability Insurance 10. PUBLIC LIABILITY INSURANCE: This in general provides indemnity for Legal Liability for: a) Loss of or damage to property not in your custody or control, and b) Death of or injury or disease to persons, not being employees. GEOGRAPHICAL LIMITS: Occurring in connection with the production within Great Britain, Northern Ireland, Channel Islands and the Isle of Man and the Rest of the World excluding USA and Canada subject to actions being brought within the jurisdiction of British Courts. Separate cover is arranged for trips to the USA and Canada. INDEMNITY LIMITS: 10,000,000 any one accident and/or series of accidents arising out of one event. Higher limits can readily be obtained as necessary. PERIOD OF From inception of the cover until the production print or duplicate tape has been completed and stored separately from the original. EXCESS 100 in respect of third party property damage. PRINCIPAL EXCLUSIONS Without prior agreement :- Aerial Sports Water Sports Diving Motor Sports

12 Racing Stunts Archery & use of firearms Wrestling Fencing Martial Arts Equestrian Sports Underwater Photography Winter Sports Climbing Potholing Caving Abseiling Boxing BMX / Mountain Biking Judo Skate Boarding Additional cover may be arranged for all excluded activities. Note: Any contractor / training school / activity provider used by Production Companies must possess adequate Public Liability Insurance. 11. UNITED STATES LIABILITY To enable Aon to arrange cover, a US Questionnaire will need to be completed. A specific certificate is issued for the production by Aon, New York. Full details of any US Authority e.g. Mayors office, National Park, will be required. GENERAL LIABILITY COVER Legal liability following bodily injury or property damage. LIMITS OF INSURANCE Each Occurrence Limit $1,000,000 Damage to premises rented to you limit $ 100,000 any one premises Medical Expense limit $ Excluded Personal and Advertising Injury limit $1,000,000 Any one person or organisation General Aggregate limit $2,000,000 Products/Completed Operations Aggregate limit $1,000,000 PRINCIPAL EXCLUSIONS Contractual Liability Pollution Bodily Injury or Property Damage arising from ownership, maintenance, use of entrustment to others to others of aircraft, watercraft (except non owned vessels less than 26 feet long) or automobile Transportation of mobile equipment

13 AUTOMOTIVE LIABILITY COVER a) Physical damage to Hired Autos Hired Autos are defined as:- Only those autos you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your employees partners (if you are a partnership), members (if you are a limited liability company) or members of their households. b) Legal Liability following bodily injury or Property Damage following use of a Hired or Non Owned Auto. A Non-Owned Auto is defined as:- Only those autos you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes auto owned by your employees, partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. LIMITS Any one auto Cash value or cost of repair Any one loss $1,000,000 PRINCIPAL EXCLUSIONS Bodily injury to fellow employee Pollution Contractual Liability WORKERS COMPENSATION / EMPLOYERS LIABILITY COVER Bodily Injury by accident during the policy period Bodily Injury by disease during the policy period Limits Employers Liability Any One Accident $1,000,000 Any One Disease $1,000,000 EXCLUSIONS Liability assumed under contract Punitive or exemplary damages Bodily Injury occurring outside USA Bodily Injury to Master or member of the crew of any vessel Fines or penalties imposed for violation of State Law. Note: Workers Compensation cover applies to the state of New York Employers Liability cover applies to all States except North Dakota, Ohio, Washington, West Virginia and Wyoming.

14 12. MOTOR INSURANCE Any motor vehicle hired or owned by an independent production company which has been declared to insurers for use in a TV programme being made by them on behalf of S4C in the United Kingdom only. Comprehensive cover in connection with the production and commuting with social domestic and pleasure use included where there is no other insurance operative. Driving of minibuses is restricted to drivers over 25 years of age with 12 months or more experience since passing the driving test. EXCESS: 250 Accidental Damage excess other than where the driver is under 21 when the excess increases to 500. Your attention is drawn to the need to disclose all material facts relevant in the assessment of risk, including the completion of driver declaration forms. 13. FILM UNION TEMPORARY LIFE & PERSONAL ACCIDENT TRAVEL INSURANCE This insurance provides coverage anywhere in the world outside the United Kingdom or whilst engaged in work in a hazardous or dangerous nature anywhere in the world, including the United Kingdom. This cover is subject to Insurers normal policy terms, conditions and exceptions and full details of such cover is available on request. It should be borne in mind that this is a summary and cover is subject to the completion of proposal forms. Dependent upon the information disclosed, the standard terms and conditions could be varied in individual cases. It is necessary for each person to be insured to complete a proposal form (these will be supplied by Aon or can be obtained via AonLine) and every effort should be made to return this form to us prior to departure so that any limitations or conditions imposed by Underwriters can be advised to the individual concerned before commencement of cover. Failure to comply with this may prejudice settlement of claims made at a later date. SUMMARY Insured Person Any individual travelling outside the United Kingdom, or undertaking work of a hazardous nature anywhere in connection with the business of the production company.

15 Sums Insured Personal Accident/Sickness/Temporary Life Sum Insured 50,000 Medical and Emergency Travel Expenses Sum Insured 5,000,000 Personal Baggage Sum Insured 1,000 Personal Money Sum Insured 250 Replacement of Personnel Expenses Sum Insured 2,500 Operative Time of Cover 24-hour cover from the date each Insured Person departs from the United Kingdom until his/her return to the United Kingdom. Note: 1. All sections are operative in respect of travel insurance 2. Personal Accident / Temporary Life section applies in respect of hazardous activities Exclusions 1. Unexplained Mysterious Disappearance 2. Theft losses not reported to the police 3. Insurers not notified of hazardous activities 14. UNINSURED RISKS INSURANCE OF MARINE VESSELS (BOATS, YACHTS ETC.) The Public Liability insurance described in this guide provides cover for the Production s liabilities arising out of filming with, from or travelling in marine vessels. Where the vessel is being contracted complete with the operation services of a skipper and/or crew, insurance cover is not provided here for what is termed Marine Insurance. That remains the responsibility of the vessels owner or operator. It is therefore essential to ensure that the owner/operator holds adequate insurance in respect of the Hull of his boat (including associated equipment) and his operational liabilities to his crew, third parties and passengers (including Production personnel). As an additional protection to the production it is preferable, wherever possible, to have S4C or the Production company named under the operator s policy as an additional insured and what is

16 termed a waiver of subrogation rights agreed by his insurers. The limit of liability cover required will be determined by the use of the vessel and the number of passengers to be carried, but in any event it should not normally be less than 5,000,000. Where any vessel will be in the operational charge of the Production it is essential to establish that the vessel supplier s insurance will continue to apply during the Production s use of the vessel If this is not the case, additional insurance may be required. Filming involving the use of Aircraft (e.g. Helicopters, Light Aircraft, Microlight, Hot Air Balloons, Gliders and the like) The Public Liability Insurance described in this guide provides cover for the Production s legal liabilities for filming from, with or travelling in any aircraft, also whilst filming at airports, including whilst airside. It does not provide what is termed Aviation Insurance. This remains the responsibility of the aircraft operator. It is therefore essential to ensure that the operator holds adequate insurance in respect of hull of his aircraft (including all associated equipment) his liabilities to his aircraft crew, third parties and passengers (including Production personnel). The limits required to be held by the operator will necessarily vary according to the circumstances but should not normally be less than 5,000,000. As an additional protection to the Production it is preferable, wherever possible, to have the S4C or the Production Company named under the operator s police as an additional insured and what is termed a waiver of subrogation rights agreed by his insurers. Insurance of Hired in Plant (e.g. Mobile Cranes, Hoists and the like) You will be required to provide details to Aon of any proposed use of this type of plant. Owners of such plant normally operate under their own trade conditions of hire, (known as CPA Rules). These terms are onerous and place additional insurance responsibilities on the hirer. Whenever possible, acceptance of these terms should be avoided. If you are obliged to accept CPA terms, it is usually possible to request the supplier/operator to provide cover from his own insurance arrangements to protect the production against the additional contractual responsibilities accepted by it. This is standard practice and there is usually an additional charge by the suppliers, e.g. 15% of the hire fees for the provision of this insurance. Otherwise, additional insurance cover may have to be arranged and any additional premium incurred will be an expense to the Production. The supplier/operators of many items of plant are required by laws to hold a current engineering inspection certificate. In some circumstances a copy of this may be required.