We keep a close eye on the latest claims to look for trends, and have seen a sharp rise in these three key areas recently:
1 Professional Indemnity Claims
We are seeing an increasing number of Professional Indemnity claims from production companies and individuals working in media more broadly.
These claims often stem from contract disputes, model usages and copyright infringement.
The best way to avoid such claims is:
- To ensure you have formal contracts with all your clients and subcontractors, clearly setting out the responsibility of each party, down to the smallest detail.
- To have clear procedures in place to ensure that everything used in the production is thoroughly checked for the necessary permissions. This will ensure you are not breaching third party copyright, for example, not using one-of-a-kind designer furniture without permission.
- If you are acting as an intermediary, for example providing a photographer for a shoot, it is best for the two parties to have a contractual relationship with one another, rather than both contracting with you separately.
2 Fraud
We are unfortunately seeing increasing numbers of cases where clients are duped by fraudulent individuals who are purporting to be someone else.
The best way to avoid such a situation is:
- Wherever possible, only deal with individuals or companies who are verifiable either by checking with other people in the industry or through a credible web presence. Do check for reviews, links to professional networks and trusted peers.
- It is always best to trust your gut instinct. If something doesn’t feel right, query it. A legitimate person will be easily able to put your mind at rest.
3 Claims from locations
We are seeing a significant number of liability claims from locations alleging that productions have caused damage to their property.
These claims vary hugely, from small issues such as chipped paintwork or scratched flooring, to much bigger incidents like damage to expensive artwork or fire damage.
Most of the time, these claims are legitimate but we do see instances where damage has occurred for which the production has no explanation.
We would advise that you always take photos of any location before and after shooting which you can use as evidence should a location house try to bring a spurious claim.
You should also keep a record of any damage you are aware of, which insurers can use in the event of a claim.
