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Where No Man Has Been Insured Before

By Winnie Wong, Vice President

When it comes to documentarians, they go “where no man has gone before” to get their story… South Africa, Brazil, China, Russia, India, Afghanistan... space? There are evidently no “final frontiers” for documentaries.

It is a well-known fact that filming abroad can be very arduous; traveling, language, customs and being in constant motion can result in potential risks even for the most veteran film producer. Wouldn’t it be great if a documentarian could be beamed down to their destination to conduct their filming and then beamed back up in time for dinner? It certainly would make my job much easier...

As an insurance broker, it is my duty to secure a variety of coverages to protect my clients while filming abroad:

Foreign Package, which consists of:
- Foreign General Liability – covers occurrences of bodily injury and property damage that the insured is legally obligated to pay.
- Foreign Auto – covers occurrences of bodily injury and property damage due to the use of non-owned vehicles.
- Foreign Workers Compensation – pays for medical care and rehabilitation for employees who are injured on the job or contract a work-related illness. Coverage is only provided for U.S. hires and Third Country Nationals.

Accidental Death and Dismemberment – provides funds in the event of a fatal accident or an accident that results in the loss of a limb or eyesight.
Kidnap and Ransom – provides coverage for kidnapping, extortion, wrongful detention and hijacking.
Equipment – provides coverage for rented or owned equipment. This policy will provide coverage for damage, destruction, theft or vandalism.

To obtain a quotation I must determine the Who, What, When and Where:

Who or what size film crew will be going aboard - U.S, Third Country hires?
What’s the budget size and what is this film about?
When and how long will they be there?
Where are they filming and what are their accommodations?

In a nutshell, the practice of underwriting is like looking into a crystal ball – if the underwriter foresees a potential risk that could result in injury or illness to the film crew, or theft or damage of equipment (including the all-important negative or videotape), your insurance premiums could be affected.

Insuring a documentary that is filmed abroad is much easier than insuring a feature production. Most documentary film teams are small, composed of between two to five individuals that carry film and portable camera, lighting and sound equipment in England, Europe, Asia and Japan. It is easy in these instances; however, times are changing. There is an increasing need for feature-length documentaries, which means larger budgets and film crews, and more intricate projects. Presently, insurance companies have concerns with any filming that takes place in hostile, unstable countries where terrorist attacks and violent crime can occur. The insurance carriers rely on the travel warnings that are issued by the U. S. State department (http://travel.state.gov - click on ‘Travel Warnings’ on the top right-hand side). In addition to this list, the State Department issues Consular Information Sheets for every country that provide helpful information on health conditions, crime, unusual currency or entry requirements, any areas of instability, and the location of the nearest U.S. embassy or consulate.

Currently the following countries are subject to travel warnings:

Philippines, Uzbekistan, Congo, Sri Lanka, Afghanistan, Algeria, Central African Republic, East Timor, Liberia, Kenya, Burundi, Nigeria, Israel, the West Bank and Gaza Haiti, Indonesia, Lebanon, Saudi Arabia, Côte d'Ivoire, Nepal, Pakistan, Chad, Syria, Yemen, Iran, Sudan, Iraq, Eritrea, Somalia, Bosnia-Herzegovina and Colombia.

If your intended country is dangerous to foreigners and there is a possibility of bombings, carjacking, kidnapping, home invasions or burglary, the underwriters would state that it is “highly illogical” to film in this country and would recommend that another location be utilized. As resistance is futile and it is not the underwriter’s intent to stifle the vision of the project, risk management tools such as being accompanied by a military escort, drivers, security or bodyguards, or working in conjunction with a non-profit charitable organization may be required in order to obtain insurance.

So what should you expect will happen if you want to film in one of these hot spots? Ultimately, you can anticipate a more lengthy underwriting experience, and you can expect that your foreign workers compensation premium will be priced higher, as the well-being of your film crew is the underwriter’s primary concern. In addition, your equipment deductible may increase, because an underwriter will anticipate a higher probability that your equipment may get damaged or stolen. You may want to consider providing Kidnap & Ransom, Accident, and Death & Dismemberment coverage, so that if something were to happen to your crew members, their families would be compensated.

Besides man-made perils, there are natural perils of which documentarians need to be cognizant. Proper care should be made when your project involves filming on or near water, climbing high elevations, enduring extreme weather conditions and working around wild animals. It is recommended that you utilize expert advisors, establish safety plans, and purchase or rent the right supplies and equipment.

As you are not filming in your own backyard, you must be especially careful with your equipment. If your camera is damaged while aboard, you may not be able to find a suitable replacement from a local rental house or you may have to wait days for a replacement camera to get to you. Plan ahead and have a contingency scenario in mind as you may not always have the luxury of doing a reshoot. For example, you don’t want to have to wait until August 1, 2008 to film the next total eclipse… do you?

Please take caution when hiring locals to assist you with the language, directions and accommodations. Unfortunately, we have had reports that locals are occasionally responsible for lost or stolen property. In addition, there have been reported instances in which locals sabotaged production by preventing production companies from filming in their region. Again, plan ahead and utilize tour groups, universities, or non-profit agencies and have them make recommendations of reliable people.

Remember that you are not alone when you have insurance coverage in place – we are there to hold your hand. The insurance company can provide:

24-hour claims assistance
Emergency Medical Evacuation – arranges medical transport for a patient to an appropriate medical facility, or to return home in order to receive care.
Repatriation of Remains – arranges transportation to return remains in the event of death.

What kinds of losses have been reported on documentaries? I am glad you asked... here are a few examples:

Car accident occurred, and insured had to be transported to U.S. for treatment.
Equipment stolen out of a car while parked in front of a local restaurant.
Camera equipment broken while being transported on a U.S. Navy ship.
Within 48 hours after returning from filming abroad, an illness put a crew member in a hospital on a ventilator. It was later determined that the illness was viral and was contracted from rat feces.
Film crew was robbed of all of their money by the porters they had hired.
All camera equipment was damaged by water during a boat ride.
Theft of equipment while at airport.

I hope this article was of assistance to all you documentarians out there. Let's face it – filmmaking is a lot of hard and arduous work, but in the end it is worth it, because your film has the potential to impact and influence an unlimited audience. “Live long and prosper.” Hey Scotty, if the teleportation system is working… beam me up!