BY:Steven Beer, Jake Levy & Neil Rosini
This Q&A was originally published in the Fall 2017 issue of Documentary magazine, a publication of the International Documentary Association, a nonprofit media arts organization based in Los Angeles.
The beneficiaries of an E&O policy are specified in the policy and generally fall into two categories, “named insureds” and “additional insureds.”
“Named insureds” include the production company and its officers and employees. The policy protects them from losses arising from their own acts and omissions.
“Additional insureds” get derivative coverage, often to back up a contractual indemnity from a named insured, to protect them from liability for acts or omissions of the named insured. Additional insureds usually include distributors, broadcasters, exhibitors, and the like who are not directly involved in the creation of a film or video but nevertheless may be held liable because of their participation in dissemination. Writers, directors and producers hired as independent contractors often are included here, too, although logically they’re a better fit in the named insured category.