Cast Coverage Section
Policy wording
The terms and conditions of the Entertainment Policy Jacket and the
following terms and conditions all apply to this Coverage Section.
WHAT IS COVERED
We will pay for the extra expenses you reasonably and necessarily incur
in completing an insured production due to:
Cast
A.
1.
sickness of;
2.
injury to;
3.
death of;
4.
kidnap of; or
5.
abduction either by physical force or threat of physical force of
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I.
a declared person that results in that person’s inability to commence,
continue or complete his/her duties with respect to the insured
production.
Expedited Post Production for B.
Television, Commercial and
Music Video Productions
expediting post production when such extra expenses arise solely
from a loss covered under this Coverage Section.
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Expedited post production extra expenses will be limited to:
1.
premium overtime on payroll for budgeted editorial staff (in excess
of any guarantee and average overtime worked); or
2.
payroll and editorial equipment rental for added editorial staff.
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This coverage applies only to expedited post production for television,
commercial and music video productions.
II.
Optional Coverages
If a Limit is stated in the Declarations, we will also pay for the extra
expenses you reasonably and necessarily incur, for a loss covered by this
Coverage Section, in completing the insured production due to the:
Family Bereavement
A.
Undeclared Cast
B. sickness, injury or death of an undeclared person resulting in that
person’s inability to commence, continue or complete his/her duties
with respect to an insured production.
HOW MUCH WE WILL
PAY
We will pay up to the applicable Limit(s) of Insurance as stated:
unavailability of a declared person as a result of the death or lifethreatening illness or injury of an immediate family member that first
manifests itself after coverage begins for the declared person.
A.
in the Declarations for Cast,
Bereavement; and
Undeclared
Cast, and Family
B.
below for Claim Preparation Expense and Expedited Post Production for
Television, Commercial and Music Video Productions,
provided you have first paid any applicable Deductible. The Deductible(s) will
be applied on a per loss basis:
EPR P4105 CW (8-10) – Cast Coverage Section
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Cast Coverage Section
Policy wording
We will reimburse you up to $5,000 for reasonable and necessary expenses
we require you to incur and that you actually incur after a loss, to document
your claim.
Claim Preparation Expense
This reimbursement:
A.
does not apply to any expenses you incur for any:
1.
insurance agent or broker;
2.
public adjuster; or
3.
attorney,
B.
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or their employee’s, representatives or consultants.
will not erode the Limit(s) of Insurance as stated in the Declarations for
this Coverage Section;
C. does not apply to expenses you incur to prove that a loss or damage is
covered or any expenses you incur under the Appraisal provision found
under the GENERAL CONDITIONS of the Entertainment Policy Jacket.
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In the event that a loss triggers more than one Coverage Section that
provides for claim preparation expense, the most we will pay under the Policy
is $5,000.
Expedited Post Production for We will pay up to $50,000 for extra expense for expedited post production
Television, Commercial and
costs incurred as a result of a loss covered under this Coverage Section,
Music Video Productions
unless otherwise stated in the Declarations.
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In the event that a loss triggers more than one Coverage Section that
provides for extra expenses for expedited post production, the most we will
pay under the Policy is $50,000.
III.
IV.
WHAT IS NOT
COVERED
We will not make payment for any extra expense or loss arising out of or
due to:
Animals:
A.
any animal(s) used or to be used in the insured production, unless
agreed by us in an endorsement to this Coverage Section;
Age Restrictions
B.
any person under the age of 6 or over the age of 75;
Flying
C.
any person flying, other than as a passenger on a commercial airliner
or airplane chartered or hired for purposes of transporting persons to
or from locations;
Hazardous Stunt or Effect
D.
any person participating in a hazardous stunt or effect without our
prior written approval;
Pregnancy & Menstruation
E.
menstruation, pregnancy, childbirth or any other related condition;
Special Limitation
F.
any special restriction or limitation stated in any endorsement to this
Coverage Section.
Due Diligence
A.
You must use due diligence to ascertain that any declared person is in
sound physical and mental condition and good health immediately prior
to your requesting coverage for him/her.
Your Obligation In The Event
B.
You must comply with the following obligations. Should your failure to
comply with any of such obligations be determined to be material to a
YOUR OBLIGATIONS
EPR P4105 CW (8-10) – Cast Coverage Section
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Cast Coverage Section
Policy wording
loss covered under this Coverage Section, we will not make any
payment for such loss:
Certificates of Health and
Medical Exams
you must notify us immediately upon becoming aware of any
sickness, injury or event that may give rise to a loss under this
Coverage Section;
2.
the declared person or undeclared person must be examined as
soon as practicable by a qualified physician, and you must forward
to us a written certification detailing the examination, diagnosis and
prognosis. We reserve the right to have such declared person or
undeclared person additionally examined by a physician
authorized by us;
3.
you must reserve our continuing right to have our physician
examine a declared person;
4.
you must, at our request, secure a signed authorization for the
release of such declared or undeclared person’s medical records
and you must assist us in obtaining such records;
5.
you must ensure that any covered animal is immediately examined
by a qualified veterinarian, and you must forward to us a written
certification outlining the details of the examination, diagnosis,
prognosis or autopsy results, if applicable.
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1.
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of a Loss:
You must submit certificates of health, provided by us, for declared persons
not more than 60 days prior to their start date. We reserve the right, at our
expense, to require that any person submit to a medical examination by a
physician of our choice, prior to acceptance of full cast coverage.
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Before such certificates of health and medical examinations will be
considered for approval by us, they must be:
A.
fully completed;
B.
signed and dated by the artists (and physician, in the case of a required
medical examination); and
C. received by us.
Notification of approval, restriction or exception will be given by us within
three business days after compliance with the above.
We do not require a certificate of health or medical exam for guest artists.
Where an artist is required by contract to be named as an essential element
with respect to an insured production, and is agreed by us in an
endorsement to this Coverage Section, an essential element medical exam
will be required at your expense.
V.
SPECIAL CONDITIONS
Abandonment
You may abandon the insured production in the event of a loss covered
under this Coverage Section and make claim for your valueless costs,
provided we have first agreed that the insured production cannot
reasonably or economically be completed.
Prior to any payment by us for an abandonment:
EPR P4105 CW (8-10) – Cast Coverage Section
A.
you must notify us in writing of your wish to abandon;
B.
we automatically become sole owners of, and you assign to us, any
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Cast Coverage Section
Policy wording
and all rights, title and interest in:
the insured production and all intellectual property rights
associated with it;
2.
all underlying work;
3.
the original and all copies of media, media storage devices,
tapes, film, other materials and elements and documents, in
whatever form, related to the insured production;
4.
at our option, all cast, crew, vendor and other agreements
associated with the insured production;
5.
at our option, any and all existing distribution agreements for the
insured production;
6.
the right to receive any tax credits that are earned if we decide to
complete the insured production.
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1.
However, with respect to any sequel or prequel of the insured
production, we accept that we will not be granted any rights for such
sequel or prequel.
We will not pay for any extra expenses you incur unless the contract terms
for:
A.
performance services (including a stop date); or
B.
use of facilities, property, equipment and supplies
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Contract Terms and Stop
Date Loss
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You will do all that we deem necessary or appropriate to assign the
above rights to us at your expense.
applicable to an insured production are sufficiently longer than your original
scheduled time for completion of such insured production as to allow a
reasonable margin of time to account for possible unexpected delays in
completing such insured production.
If you incur extra expenses as a result of a delay in completing an insured
production and provided there is a sufficient margin of time in your contract
terms to accommodate such delay, the extent of our payment of such extra
expenses will be governed by the following factors:
A.
If the extra expenses solely result from a loss covered under this
Coverage Section, we will pay the extra expenses in full, up to the
applicable Limit of Insurance;
B.
If the extra expenses partly result from a loss covered under this
Coverage Section and partly result from an uninsured event then we will
pay a share of the extra expenses based on the ratio of the covered
loss to the total loss, up to the applicable Limit of Insurance;
C. If the extra expenses do not result from a loss covered under this
Coverage Section, we will not make any payment for such expenses.
Coverage Territory
Coverage applies anywhere in the world, except where we are legally
prohibited from providing insurance.
Exchange Rate
The rate of exchange applied to all losses covered under this Coverage
Section will be the rate as stated in the Wall Street Journal as of the date of
the loss, unless otherwise agreed and endorsed to the Policy in writing by
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Cast Coverage Section
Policy wording
us.
When Coverage Applies
A.
Coverage for declared persons begins:
1.
for accident only coverage, the date a declared person is declared
in writing to us;
2.
for full cast coverage, subject to restrictions or exceptions confirmed
in writing by us, the earliest of the following:
a. the date we approve the medical examination of a declared
person; or
Coverage for undeclared persons begins on the first day of principal
photography.
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B.
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b. the date a medical examination is completed if, due to
circumstances beyond your control, we have not received a
report of the medical examination within a reasonable time after
the medical examination is completed; however, in this event,
coverage will be subject to any restrictions, conditions and
limitations that we would have imposed had the report been
timely submitted to us.
C. Coverage for guest artists begins five (5) days before the date of
principal photography of the individual episode in which the guest artist
first appears.
D. Family Bereavement Coverage for any declared person begins on the
same date as the effective date for Cast Coverage for such person.
All coverages end when the first of the following occurs:
1.
the date on which a protection copy of the insured production has
been completed and stored in an area physically separate from the
original production media;
2.
the last day of the policy period; or
3.
if the Policy is cancelled, the effective date of such cancellation.
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E.
VI.
SPECIAL DEFINITIONS
FOR THIS SECTION
Declared Person
Means any individual listed on the Cast Schedule.
Essential Element Medical
Exam
Means the completion of our medical form by a physician approved by us,
including but not limited to the following:
A.
complete blood count and blood chemistry;
B.
urinalysis;
C. drug testing;
D. chest X-ray;
Extra Expenses
E.
treadmill / stress test;
F.
EKG;
Means:
A.
EPR P4105 CW (8-10) – Cast Coverage Section
the additional reasonable and necessary costs (taking into account
budgeted gross production cost and insurable production cost) you
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Cast Coverage Section
Policy wording
would otherwise not have incurred, but for the happening of a loss
covered under this Coverage Section, in order to complete an insured
production in substantially the same manner as originally planned and
declared. These costs will not include insurance premiums or loss of
earnings or profit; or
B.
valueless costs associated with the insured production in the event of
abandonment.
Means all costs directly chargeable to an insured production, including
overhead charges included in the budget for the insured production.
Guest Artist
Means any person contracted for no greater than 30% of an episodic
television series, subject to a minimum of three (3) and maximum of six (6)
consecutive episodes.
Immediate Family Member
Means any person who is under 75 and is defined as one of the following:
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Gross Production Cost
A. parent (including step-parent);
B. father or mother in-law;
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C. sibling (including stepsibling);
D. child (including stepchild);
E. grandparent;
F. spouse or domestic partner;
G. legal guardian.
Means all costs directly chargeable to an insured production, but not
including the costs of:
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Insurable Production Cost
A.
overhead;
B.
story, scenario and underlying rights and materials;
C. music rights;
D. sound rights;
E.
royalties and residuals;
F.
contingency;
G. insurance premiums;
H. fees, interest and charges on production financing;
I.
personal and real property tax; or
J.
completion bond fees.
However, you may, if you so elect at the time of Declaration, specifically
declare and thereby include any of these costs and the cost of such items will
then be included in the insurable production cost.
In the event of a loss paid under this Coverage Section, the amount of that
loss will be included in the determination of the insurable production cost for
the purposes of premium audit.
Insurance Premiums
EPR P4105 CW (8-10) – Cast Coverage Section
Means premiums charged for the following Coverage Sections:
A.
Cast;
B.
Media;
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Cast Coverage Section
Policy wording
C. Extra Expense;
D. Production Equipment;
E.
Props, Sets & Wardrobe;
F.
Production Office Property;
G. Money;
H. Third Party Property Damage;
I.
Auto Physical Damage.
Means the Insured Production stated in the Declarations.
Hazardous Stunt or Effect
Means any scripted or non-scripted activity of a performer with respect to
which the Screen Actors Guild Agreement requires an individual qualified by
training and/or experience in the planning, setting up and/or performance of
the type of stunt involved, to be engaged and present on the set or requires a
qualified special effects person to rig or attach rigging to the performer.
Stop Date
Means any contractual date by which you have agreed that a declared
person’s duties with respect to principal photography are concluded.
Valueless Costs
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Undeclared person
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Insured Production
Means a person contracted by you to appear in or work on the insured
production, but not a declared person.
Means costs:
you have necessarily incurred for the insured production up to the
date of abandonment;
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A.
B.
you have a written, fully signed contractual commitment to pay in
connection with the insured production after the date of abandonment;
C. you incur in connection with suspension of the insured production until
we agree you can abandon; and
D. you incur to shut down the insured production,
less the amount of any non-refundable advances to which you are entitled as
of the date of the abandonment.
For the purposes of this definition, valueless costs do not include:
EPR P4105 CW (8-10) – Cast Coverage Section
A.
property for which you retain value;
B.
story, screenplay and similar rights, music rights, royalties, residuals, or
insurance premiums.
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