This presentation was made to the Chicago Bar Association's Young Lawyers Entertainment Committee in February of 2013.

1. What Entertainment Lawyers
Should Know About Insurance
Chris Johnson
Johnsonese Brokerage LLC

2. Johnsonese Brokerage
Our focus: Outside our focus:
• Commercial Property & • Life & Health
Casualty – Employee Benefits
• Retirement Plans
We insure the organization, rather than the organization’s employees.

3. Insurance Common to All Organization
Types
• General Liability
• Property
• Workers Comp
• Auto

4. Insurance Common to Entertainment
Industry
• Inland Marine
– Insurance for things intended to be moved about
on land
– Insurance that doesn’t fit in any other category
• Errors & Omissions
– Professional Liability for content creators
– Also called Producer’s Liability

5. Insurance Common to Entertainment
Industry
• Inland Marine
– Production Equipment (cameras, lights, …)
– Props, Sets and Wardrobes
– Negative Film/ Faulty Stock/ Digitalized Image
– Third Party Property Damage
– Cast Coverage
– Extra Expense

6. Today’s Main Topic
• Errors & Omissions Insurance
– Requires significant attorney involvement
– Attorney’s name must be listed on application
– Attorney must confirm their client meets insurer’s
clearance procedures

7. Producer’s E&O
• Similar to Medical Malpractice Insurance
– Covers if surgeon leaves a clamp in a patient
– Covers if surgeon removes wrong kidney
• Producer’s E&O covers what’s left in or out of
Content
– Covers if producer wrongly uses other’s content
– Covers if producer leaves out full story

8. Producer’s E&O
• Basically insures clearance attorney’s opinion
– If you say content can stay in, insurer will pay to
defend its use
– If you say content should come out, insurer will
exclude it from coverage

9. Producer’s E&O
• Key Components
– Limits
– Period
– Territory
– SIR (Self-Insured Retention)
– Claims Made v. Occurrence
– Exclusions
– Endorsements

10. Producer’s E&O
• Claims-Made
– Covers claims filed during the coverage period
only
• Occurrence
– Covers claims for events during coverage period,
even if filed later

11. Producer’s E&O
• Common Exclusions
– Content identified by attorney
– Title
• Unless title report has been obtained
– Original music
• Unless composer indemnifies insured
– Fair use
• Unless attorney states Fair Use Doctrine applicable
– Extras / Merchandise
• Unless same clearance procedures followed

12. Producer’s E&O
• Common Endorsements
– Producers Term of Contract / Rights Period
Endorsement
– Additional Insured

13. Chris Johnson
chris@johnsonese.com
773.857.0242