02 Mar What is cast coverage and why do i need it?
Cast coverage includes many things, including loss as a result of death, injury or sickness and unlawful detention (kidnapping). However, there are exclusions and reading the fine print is very important.
What is Cast Coverage:
Cast coverage provides protection against loss that results from a described artist not being able to perform duties during the principal photography of a covered production.
What a Typical Agreement Covers
Death, Injury, or Sickness: Loss incurred from any artist described in the Coverage Summary who is prevented by their death, injury, or sickness from commencing, continuing, or completing their duties or performances in a covered production.
Unlawful detention. Loss incurred from the unlawful detention of any artist described in the Coverage Summary. But not loss of money, securities, or other consideration surrendered as a ransom payment by you as a result of any unlawful detention.
What is Meant by Loss?
Loss means such extra necessary expenses that you incur in completing principal photography of the Covered production that results from an event or series of events which are over and above the production costs originally scheduled and budgeted to be incurred in completing principal photography.
What is Excluded:
The insurer will not pay any loss, damage, expense or liability resulting from or as a consequence of your obligation or requirement to meet any:
- Delivery date
- Release dates
- Air dates
- Any other completion date
Abandonment of a Covered Production
If loss under death, injury or sickness or unlawful detention occurs and seems to necessarily prevent the completion of a Covered production, you may request to abandon the Covered production. The insurer will cover actual expenses incurred or committed to be incurred at the time of abandonment.
However, insurer won’t accept an abandonment unless, they can obtain, if so desired, all of your rights, titles and interests in all underlying works, as well as films or tapes and all copies and related material created by you for the Covered production. Sequel or prequel rights to the Covered production (if any,) will remain your property.
Prior to accepting an abandonment requested by you, the insurer has the right to explore if other means are available to complete the production in accordance with generally acceptable industry practices, irrespective of contractual obligations on your part with lenders, distributors, or other contracted parties.
Following consultation with competent, professional industry sources, insurer will pay the lesser of:
- The amount ascertained for abandonment; or
- The estimated cost for completion of the production with other means likely to produce a project of quality equal to the original Covered production.
Contract Effective/Expiration Date
Coverage under the agreement begins on the date indicated in the Coverage Summary and will continue until the expiration or cancellation date of the agreement, whichever occurs first. You agree to advise insurer of the exact date of completion of principal photography of a Covered production as soon as practicable.
If the principal photography of a Covered production has not been completed by the ending date of the coverage, this agreement can be extended until completion of the principal photography. However, insurer won’t extend the coverage without:
- Prior notification and our acceptance; and
- The payment of additional premium.
Limit of Coverage
The limit of coverage is shown in a Coverage Summary. This is the most the insurer will pay for loss in any one event in connection with a Covered production.
The deductible is shown in the Coverage Summary. You’ll be responsible for this amount of loss in each event. Insurer will pay the rest of your covered loss up to the limit of coverage that apply. If a loss equals or exceeds the limit of coverage, the payment for such loss will be reduced by the amount of the deductible.
Exclusions – What This Agreement Won’t Cover
Flying. Insurer won’t cover loss directly or indirectly resulting from any described artist(s) taking part in flying other than as a passenger.
Childhood diseases. Insurer won’t cover loss directly or indirectly resulting from any described artist(s) under 9 years of age who contracts mumps, chicken pox, measles, German measles, whooping cough, scarlet fever, tonsillitis, or diphtheria.
Pregnancy. Insurer won’t cover loss directly or indirectly resulting from the inability of any described artist(s) to perform as a result of pregnancy, menstruation, childbirth, and related conditions.
Stop Date. Insurer won’t cover loss that results from a delay in completing the original shooting schedule of a Covered production in order to honor the termination date contained in a performance contract between you and any described artist(s) for insurance under this policy.
Stunt. We won’t cover loss directly or indirectly resulting from any described artist(s) taking part in any stunt or activity considered by general industry standards to be hazardous.
Medical Examination. You agree to have the described artist(s) examined not more than 21 days prior to the first day of coverage of a Covered production by a duly qualified physician designated or approved by us. Such physician will submit to us, a medical questionnaire and certificate on our forms, signed by the described artist(s) and the physician.
Insurer agrees to review the medical certificate promptly, and to advise your broker or agent within 2 working days after receipt by our underwriter of the medical certificate of approval or of any reservations, exceptions, or restrictions.
Coverage for any described artist(s) will be for accidental causes and unlawful detention only until a medical examination and medical certificate have been completed as required above. Such coverage will be effective at the time you assume legally enforceable financial obligations and/or begin to incur insurable expenses for a described artist(s).
Guest artists. Coverage for guest artists appearing in episodes of television series is provided up to 96 hours prior to the commencement of principal photography of the first of any such episode subject to the following:
- Any guest artist originally scheduled to appear in one-third (1/3) or less of the originally scheduled episodes of any one series, will be covered upon completion and mailing of a Statement of Health to us.
- Coverage for any artist scheduled to appear in more than one-third (1/3) of the originally scheduled episodes are viewed as a regular cast member and is subject to the submission of a medical examination report as explained above.
Your obligation. You agree to use due diligence to ascertain that any artist described in the Coverage summary are in sound physical condition, in good health, and free of pre-existing conditions with respect to their anticipated duties prior to the attachment of any coverage and thereafter, will advise insurer of any condition or pre-existing condition which might affect the ability of such described artist(s) to perform duties in the Covered production.
Notice of potential loss – incapacity and right of medical examination. Immediately after you are made aware of any described artist(s) being unable to commence or continue their duties, you agree to:
- Notify insurer
- Procure and immediately forward to insurer the certificate of a duly qualified physician which will detail fully the circumstances in which the incapacity results
- Ensure and preserve to insurer, the continuing right of examination, at all times by insurers own appointed physician, of any described artist(s) whose incapacity may lead to a loss.
If there is any other valid and collectible insurance of a similar type for loss covered by this agreement, insurer will share the damages and associated expenses proportionately except if other insurance is specifically designated as excess insurance and intended to apply over and above the limits provided by this agreement.