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bhappie Regular user B. Happie Entertainment, LLC 123 Posts |
For years I had Clowns/Performers of the US insurance and as an entertainer only it was great. Then I started sending out other performers and realized there was a problem. If a performer I sent to a show had a problem, I could get sued and not be covered. So I had to switch to a professional insurance policy thru a specialty insurance company.
NOW I am being told that I could still have problems- if I am at fault as the agent (ie. sending the wrong performer to a show) I am covered BUT if something goes wrong such as a balloon pops in a kids eye my insurance does not cover me. As the agent I would not be at fault and would probably win any law suit against me, but I would be broke from legal fees by the time someone said- OK your free to go. If you are confused reading this I AM JUST AS CONFUSED WRITING IT! The insurance agent said that I will need to have my company listed as additional insured on every performers policy for every show they do. Some companies will only list an additional insured for a specific event and not for the year. Some companies charge $50 to add an additional insured. We send out about 1000 shows this could cost us as much as $50,000 a year! Does anyone have a professional policy instead of group insurance? Have you heard about this yet? and what do you do? PS I have left a couple messages for sports and entertainment lawyers and I am waiting for a call back. |
nucinud Inner circle New York, New York 1298 Posts |
I would call or email Stephanie at Specialty Insurance (formerly Clowns/Performers of the US). I believe she has the answers you are looking for.
http://www.specialtyinsuranceagency.com
"We are what we pretend to be" Kurt Vonnegut, jr.
Now U C It Now U Don't Harry Mandel www.mandelmagic.com |
bhappie Regular user B. Happie Entertainment, LLC 123 Posts |
I asked her already- thanks
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Dorian Rhodell Inner circle San Francisco, CA. 1633 Posts |
One option is to take out a business policy. That would provide your normal coverages. Then obtain a Commercial Liability Umbrella. Basically, umbrella policies, cover so much that they are almost defined by what they exclude, so be sure to read the exclusion portion of your policy (or at least figure out what those exclusions are before purchasing the policy). An umbrella policy usually will pay for defense costs regardless of liability in addition to the limits of what the policy will pay out.
I would think you can find both of these policies for anywhere from $750.00 to $1000.00 a year. Best, Dorian Rhodell |
Dannydoyle Eternal Order 21219 Posts |
Sounds exactly like what they do.
Also, you can require acts you send to have insurance. Contracts then cover liability.
Danny Doyle
<BR>Semper Occultus <BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell |
Christopher Starr Inner circle Heart of America 1850 Posts |
Interesting.....while reading through the Specialty Insurance (formerly Clowns/Performers of the US) website, I saw this on their list of claims files last year:
Twice in a five month period, a guillotine used in magic act pinched claimant's neck causing cut & bruising to the neck. Wow.... Also, this suggestion under the safety tips section: 6. When having your picture taken with a child, make sure your hands are in the picture. Definitely worth your time to read and review! |
bhappie Regular user B. Happie Entertainment, LLC 123 Posts |
If anyone is wondering the outcome of this issue- there is none. I bought the same insurance I had last year and the agent there assured me that the company would back me and it's not a problem. The other agent seemed to be more knowledgeable but it all comes down to the policy and what underwriting allows. It’s a reminder though to read the fine print! When it comes to a large lawsuit, you know they would do anything to get out of having to pay out.
We are beginning to do background checks on all the performers we send out and I will be a thorn in their sides about additional insureds. Paranoid in PA Brian |
cfrye Special user Portland, Oregon, USA 940 Posts |
You should require your performers to carry insurance through Specialty Insurance or another carrier. If not, refuse to give them jobs. $200 a year is a reasonable cost of doing business.
Curt |
magicofCurtis Inner circle Los Angeles 2545 Posts |
Bhappie,
Make sure you have Errors and Omissions insurance. There is a way around it if something should arise. You require your entertainers to have insurance have them sign a document stating that they will carry insurance... But never require to show the policy to you. Now if something comes up and they do not have insurance you could claim it on your E/O for not following through.... A stretch but it should cover you. OR just have them buy the clown association or SAM insurance and even pay half of it for your entertainers that you work often. Also in your contract with the client it should state you are not responsible for the artist actions and opinions and view points. Also accidents that should arise from their performance. You can have a clause stating that any accidents that may occur should go through their home owners insurance and/or company liability insurance and then the entertainers insurance and the responsibility stops there. So if something should happen the other parties lawyer will look at the document any tell them it will be a huge battle to fight and many hoops before they can sue you as the booker...
Curtis Lovell II
http://www.CurtisLovell.com http://www.MagicofCurtis.com www.facebook.com/curtislovellii Los Angeles, California - U.S.A. |
Michael Messing Inner circle Knoxville, TN 1817 Posts |
Being named as an additional insured on the performer's policy is the safest way to go. There usually is a charge (on my policy, it is $30) to be added as an additional insured. If being added as an additional insured is not an option because of cost, the next option is to have an iron-clad hold harmless agreement written by a lawyer and signed by each of the performers you work with.
Here is an example of a hold harmless agreement for a caterer I found online: https://www.legaldocs.com/htsgif.d/xholdhar.htm It will cost you money one time to have it written up. Michael P.S. As someone who has worked part time in the insurance industry for 16 years, I highly recommend that you do not write your own contract wording or hold harmless agreement. Have it done by a qualified lawyer. In the case of a claim, the courts will decide in favor of the plaintiff if the policy language is ambiguous or not "industry standard." |
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