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Summer Film Production Insurance Newsletter
July 2012 (12th Edition)

Summer is film season!

Welcome to the twelfth issue of the Johnsonese Brokerage's Film Production Insurance Newsletter. The goal of our newsletter is to provide useful information about insurance to the film and video production industry.
 

At the Johnsonese Brokerage we are always searching for less expensive insurance options for our clients. We just signed contracts with some new insurance partners to offer filmmakers Short-Term Film Production Insurance starting at a minimum premium of just $250! This is a great option for student filmmakers!

 

Contact us to learn more!

 

 

In This Issue
$18.5 Million Settlement for Transformers 3 Injury
Hayden Christensen's Production Company Suing Universal Television
Universal Sues Over 'Battleship' Knockoff
Independent Contractor or Employee?

 

$18.5 Million Settlement for Transformers 3 Injury

 

Paramount LogoParamount Pictures has agreed to pay $18.5 million to an extra from the film Transformers 3. The extra, only 19 years-old at the time, was injured while filming a scene for Transformers 3 in Hammond, Indiana. The woman was hit in the head by a piece of flying metal.  Her attorneys claimed that she now requires constant care.

 

An investigation determined that a weld which was connecting a car to a tow cable failed.

 

-Insurance Journal, June 4, 2012

 

 

Filmmaking is a dangerous business. Accidents happen on even the highest budget projects.

 

 

 

 

Hayden Christensen's Production Company Suing Universal Television/ USA Network

 

Hayden Christensen's production company, Forest Park Pictures, isUSA Network Logo making progress with its on-going lawsuit against Universal Television over a USA Network series.  Forest Park claims it had pitched USA an idea for a series titled "Housecall" in 2005 that bore striking similarities to what would become the USA series "Royal Pains," without receiving compensation for the idea.

 

According to Forest Park's complaint, the company submitted a written treatment for a proposed series, "Housecall," about a doctor who, after "being expelled from the medical community for treating patients who could not pay, moved to Malibu, California" and becomes "a 'concierge' doctor to the rich and famous."

 

"Royal Pains" centers around a doctor who, after being wrongly blamed for a patient's death, moves to the Hamptons to become a doctor for the rich and famous.

 

-The Wrap, June 26, 2012

 

This lawsuit is an example of a claim that could potentially be covered by Errors & Omissions insurance, assuming that Universal has this type of coverage.

 

 

 

 

Universal Sues Over 'Battleship' Knock-Off

 

Universal Studios claims its new big budget movie "Battleship" was damaged by a low budget straight-to-DVD knock-off. Universal filed a lawsuit against The Asylum, a production company that makes low-budget straight-to-DVD "mockbusters" with similar titles to their big budget inspirations.

 

According to the lawsuit, Asylum released a DVD called "American Battleship" on May 22, 2012 just 4 days after the big budget "Battleship" was released in the U.S. According to the lawsuit, Universal spent $100 million producing its film and $30 million promoting it  in the U.S. alone.

 

Also according to the lawsuit, Universal is the exclusive licensee of the film rights to the classic naval combat board game.

 

-TMZ, April 27, 2012

 

 

This is yet another example of a claim that could potentially be covered by Errors & Omissions insurance. Let's hope that The Asylum has this coverage in place.

 

 

 

 

Independent Contractor or Employee?

 

One of the toughest questions for our clients is often determining whether a worker should be classified as an employee or independent contractor for Workers Compensation Insurance. The short answer is that when in doubt, consult a labor attorney. But Best's Review magazine recently ran an article that at least helps with understanding the issues involved in this determination.

 

According to the article, the most important factor is whether the company has the right to control the manner and means by which the worker accomplishes the desired result. In other words, does the worker manage their own work process.

 

Secondary factors include:

 

  • Whether the worker is engaged in a distinct occupation or an independently established business.
  • Whether the worker or the company supplies the tools or instrumentalities used in the work.
  • Method of payment, whether by time or by job.
  • Whether the work is part of the regular business of the company.
  • Whether the worker has a substantial investment in the business.
  • Whether the worker hires employees to assist him or her.

 -Best's Review, April 2012

 

 

 

Want more information on Workers Compensation insurance? Hartford, one of our insurance partners, has released an interactive guide to help understand it. Click here to check it out.

 

 

 

 

 

 

 

  
The Johnsonese Brokerage can assist you with most of your film and video insurance needs. To get started immediately call 773.857.0242 or Email info@johnsonese.com.

Thanks,

Chris Johnson
Christopher Johnson

(dba Johnsonese Insurance Agency LLC in CA)
insurance for the creative community


About the Johnsonese Brokerage 

 

The Johnsonese Brokerage LLC is a licensed and bonded independent insurance agency focused on insuring film industry. 


Who we insure:
-Production Companies

-Independent Films
-DICE Productions
-Short-Term Productions 
-Editing Facilities
-Recording Studios
-Photographers
-Prop Companies
-Equipment Providers
-Costume Companies
-Film Festivals 
-Special Events

We are licensed in the states of Arizona, California (license #0G69323), Florida, Illinois, Indiana, Kentucky, Maryland, Michigan, Minnesota, Missouri, New Jersey, New York, Ohio, Pennsylvania, Texas and Wisconsin.

 
How are we doing? Your feedback is always welcome!

Common Insurance Terms  
 
 

 

  

ISAOA - Its Successors And/Or Assigns; often appears on certificates of insurance

 

ATIMA - As Their Interests May Appear; often appears on certificates of insurance

 

CPM - Cyber, Privacy, and Media Risks; growing areas of insurance covering claims due to the exposure or loss of others' information

 

Storm Chasers - con artists who follow natural disasters and attempt to take financial advantage of victims

 

 

 

 

 


We Are a Trusted Choice ® Agency

 

Trusted Choice® agencies are insurance firms whose access to multiple companies and commitment to quality service enable us to offer our clients competitive pricing, a broad choice of products and unparalleled advocacy.
 
 

 

Trusted Choice Logo

 

"You need an independent insurance agent" 

 

 

 


Our Business Partners
 
 
  • AmWins
  • AXA
  • Berkley
  • Chubb
  • CNA
  • Hartford
  • HCC Specialty
  • Insurance Noodle
  • Markel  
  • Philadelphia
  • Risk Placement Services  

 

 

We Appreciate Referrals!

 

As a service business, referrals are our biggest source of new clients. 

 

If you know of any other filmmakers needing insurance, please let us know. We promise to give them the same personal and professional service that you've come to expect from the Johnsonese Brokerage.

 

 

 

 

Illinois Production Alliance

 

We recently joined the Illinois Production Alliance! We are looking forward to supporting the group's efforts to increase film production in Illinois.