The DARB Insurance Services Blog

September 30, 2008

Recent Production Insurance Questions We Have Received

Filed under: Production and Entertainment — Administrator @ 11:00 pm

We wanted to take a moment to respond to some recent questions.

1) Do all USA Broadcasters require an E&O policy?

The answer to this is yes, and without exception. Any distributor that sells a film to a television network, cable network, or any other major broadcaster will need to secure an E&O policy.

2) If I film in my house, will any property damage that ensues be covered by the Third Party Property section of my production policy?

NO. In general if property damage occurs, it will be covered by your homeowners policy. Third Party Property Damage is for locations other than your own home.

3) What is extra expense?

This coverage will reimburse you for any out-of-pocket expenses in the event that your production is interrupted, cancelled, or postponed.

September 27, 2008

Westrec Vs. Marina Mgmt- What Constitutes a Prior Claim?

Filed under: General Liability, News — Administrator @ 10:47 pm

The state of California recently ruled that there was no coverage for a lawsuit that was filed during the corresponding policy period. The problem was that it was related to a demand letter that was received by the insured during the prior policy period which the insured had failed to report to the insurer under that policy period. The insurance company, Westrec, had issued consecutive one year policies that provided coverage for claims first made and reported during the policy period.

The insurance company denied coverage because they felt that the demand letter and the subsequent letter constituted a single claim, and that the claim, therefore, was not reported in a timely manner. The employer, Marina Management, responded by suing the insurer Westrec.

In their lawsuit, Marina maintained that the prior letter did not constitute a claim, and that even if it did, the lawsuit was a seperate claim. The court rejected this argument based upon the grounds that the demand letter did not have to request a specific dollar amount and that the threat of litigation was enough within the claim definition. The court decided that since the insured did not report the letter within the required claim reporting period they were not entitled to coverage.

What can we learn from this? First, it highlights the importance of reporting ALL possible claims in a timely fashion. Secondly, the definition of what constitutes a claim can be broad, so it is imperative to discuss all important communications with your broker. Receiving assistance from your broker can help you identify potential claims.

September 24, 2008

What is DIC?

Filed under: Property — Tags: — Administrator @ 10:37 pm

In general, DIC (or Difference in Conditions) coverage wraps around an existing special perils policy. It adds or extends special coverage such as earthquake, flood, landslide or wind. Basically, DIC insurance provides coverage designed to close specific gaps in standard insurance policies and is ideal for large commercial or hard to insure entities.

DIC can also be an endorsement that is added to a contractor’s builders risk insurance policy. Again, it is used to fill the gaps- this time between the policy provided by the project owner and the policy provided by the contractor. When a project owner elects to provide the builders risk coverage for all parties with an insurable interest, theproject is normally removed from coverage under the contractor’s policy. A DIC endorsement typically states that, to the extent a loss is not covered under the owner-provided policy, but would be covered under the contractor’s policy, coverage will apply on an excess basis.

September 17, 2008

IBA West Announcement on AIG

Filed under: News — Administrator @ 10:44 pm

The following are statements issued on September 17th by IBA West’s national affiliate, the Independent Insurance Agents & Brokers of America and the California Department of Insurance regarding the Federal Reserve’s announcement last night that the Federal Reserve Bank of New York will make an $85 billion short-term bridge loan for 24 months to American International Group, secured by all the assets of AIG.

“The loan is welcome news in the face of the escalating concern about the potential impact of AIG’s economic challenges, which has dominated the news for days, fueling speculation about the future of the company and debate about the public policy of a government bail-out.

“The complex corporate structure of AIG has resulted in confusion by some about the distinction between the parent company’s financial strength and the ability of its insurance businesses to meet their obligations to policyholders. The loan provides AIG with needed liquidity, averting a crisis that could have set off a cascade of repercussions across the financial markets. On the other hand, its insurance businesses are separate units or subsidiaries that are restricted from transferring assets to related entities without regulatory approval to facilitate their ability to pay claims.

“IIABA does not believe that the AIG situation will have a domino effect on the insurance industry. Independent insurance agents and brokers across the country will continue to focus on the consumer and know the state guaranty funds in all 50 states serve as important protection for policyholders. Virtually all experts agree the insurance subsidiaries of AIG are fundamentally sound.”

Insurance Commissioner Steve Poizner issued the following statement regarding the two dozen companies under the AIG corporate umbrella that are licensed to sell insurance in California.

“I have made monitoring the AIG issue the No. 1 priority of my department. The Federal action offers maximum protection for AIG insurance customers in California and elsewhere. The loan does not create any lien obligations on any of the AIG insurance assets, ensuring that their claims-paying capacity remains strong.

“Even prior to action taken by the Federal government, the companies owned by AIG had the risk-based capital required to operate in the California market. The financial issues all come from the parent company, AIG, and not its subsidiary insurance companies. The AIG-affiliated insurance companies remain solid. We will continue to closely monitor these companies for any changes in their financial condition.

“Should AIG decide to sell any of the insurance companies domiciled in California or those that do business in California, I will closely scrutinize those proposed sales to ensure that consumers receive the protections they deserve.

“Because insurance companies are regulated by the state in which they are domiciled, New York bears the brunt of this regulatory work load. I called my counterpart in New York earlier in the week to offer assistance. He deserves a lot of credit for negotiating a deal that provides maximum protection to policyholders and soothes concerns of the financial markets. We will also continue communicating and working with the National Association of Insurance Commissioners, the body that routinely coordinates the actions of the state Insurance Commissioners.”

Background Facts:

• In 2007, AIG was a significant player in the California insurance market. AIG-owned companies had 1.5 percent of the homeowners insurance market ($98 million in written premiums), 8 percent of the workers compensation market ($725 million in written premiums) and 7 percent of the auto insurance market ($1.5 billion in written premium).

• Generally, the California Department of Insurance (CDI) regulates individual insurance companies and not their holding companies.

• AIG owns more than two dozen companies licensed to transact insurance in California. Those companies are 21st Century Casualty Company; 21st Century Insurance Company; AIG Casualty Company; AIG Centennial Insurance Company; AIG Premier Insurance Company; AIU Insurance Company; American General Indemnity Company; American Home Assurance Company; American International Insurance Company Of California, Inc.; Birmingham Fire Insurance Company Of Pennsylvania; Commerce And Industry Insurance Company; GE Auto & Home Assurance Company; GE Indemnity Insurance Company; Granite State Insurance Company; Hartford Steam Boiler Inspection And Insurance Company; Insurance Company Of The State Of Pennsylvania; Landmark Insurance Company; National Union Fire Insurance Company Of Pittsburgh, Pa; New Hampshire Insurance Company; Pacific Assurance; Putnam Reinsurance Company; Transatlantic Reinsurance Company; United Guaranty Commercial Insurance Co. Of North Carolina; United Guaranty Credit Insurance Company; United Guaranty Residential Insurance Company; and Yosemite Insurance Company.

September 15, 2008

Hello world!

Filed under: Life In General — Administrator @ 2:03 pm

Welcome to the DARB Insurance Services blog! You’ve got questions and we’ve got answers!

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