Permits and Liability Insurance

Would someone clarify my assumptions below:

Public land: Permit required and $1M of General Liability Insurance required

Private land: Owners permission required, General Liability Insurance may be waived by owner

Is the above correct? I am contemplating a shoot at the shoreline of a lake that is almost all public land (it's a park) except for one short tract that I believe is privately owned. Let's assume I want to dot all my I's and cross my T's in case I ever want this to be distributed and want to have clear Chain of Title.

Thanks everyone!

P.S. Forgot to mention another issue. Assuming my crew and I are standing on private land, it is OK to film public property without a permit, i.e. the lakeview (no buildings, people, trademarks, etc. Thanks again.
 
Last edited:
Thanks for your answer. I went and researched further and it might even vary within municipalities!

I finally managed to identify the owner of the parcel of private land I want to shoot on. Now my situation seems more complicated -- the parcel is not within city limits but within the county and I cannot find a film office to contact (they probably don't have one.)

Now some cities I have researched require a permit for filming anywhere within city limits including private property (which is weird to me if I wanted to shoot a film inside the basement of my own home). I'll give the county a call tomorrow but it seems to me if they have no laws on film permits or general liability insurance then I should be safe just obtaining the owner's permission and waiver of insurance.

(At least I hope so...)
 
Would someone clarify my assumptions below:

Public land: Permit required and $1M of General Liability Insurance required

Private land: Owners permission required, General Liability Insurance may be waived by owner

In regards to the private land, the owner may have his own insurance, and that means notifying the insurer. Otherwise, if something happens, that insurer will refuse coverage, which means you can be sued for denial of coverage.
 
In regards to the private land, the owner may have his own insurance, and that means notifying the insurer. Otherwise, if something happens, that insurer will refuse coverage, which means you can be sued for denial of coverage.
OMG! You just brought up a hugely helpful detail! The owner actually runs his parcel as an RV park so of course he would have insurance to cover the activities of his tenants (which should include activities on the shore).

My planned shot shouldn't take very long and has no need for sets and only a few props. I could probably ask to be considered a tenant for the duration of my shoot and our activities should be within scope of the policy so no extra notice is probably needed.

Genius -- thanks!
 
If your shot is simple, then you and the landlord probably don't have to do anything. If it was, however complicated, and an accident could happen, then he better notify the insurance agent and get confirmation from the insurer that coverage will NOT be denied.
 
Every municipality is different, but a $1,000,000 public liability is a good ball park, its what has been required everywhere I have filmed.

If you are in a place you have permission to be you can film anything you can see (as far as scenery).

Cities require a permit for things filmed on private land because when you get to the point of doing it for real you need to do things like take all the parking on the street for with trucks, run noisy generators, deal with high profile individuals who draw a crowd, ect.

Even small shoots (one day all INT) we normally park at lest 2-3 trucks for load in/ load out and run a generator.
 
My planned shot shouldn't take very long and has no need for sets and only a few props. I could probably ask to be considered a tenant for the duration of my shoot and our activities should be within scope of the policy so no extra notice is probably needed.
That's a dangerous road because of course you are not a true tenant. If there was any claim during your shoot, the insurer would likely investigate, uncover the truth and deny the claim.
.
 
Let's assume I want to dot all my I's and cross my T's in case I ever want this to be distributed and want to have clear Chain of Title.

I suppose it might vary from jurisdiction to jurisdiction but as far as I'm aware general liability insurance has got nothing to do with distribution or chain of title. General liability insurance protects you (under certain circumstances) from legal claims for any accidents, injuries, damage or loss of equipment while working at a particular location. Chain of title and distribution issues are covered by E&O insurance as far as I'm aware, not by general liability insurance.

G
 
My planned shot is just the heroine waking up at the shore and admiring her new world. Pretty much what all the visitors do at this recreational RV park. I'm guessing the owner's insurance covers visitors' slipping and falling so the activity matches up to the regular guests of the park.

Isn't E&O coverage for properly obtaining permits and other requirements of the jurisdiction -- including General Liability? i.e. don't I need to keep a book that I paid for a permit and obtained insurance for the day of the shoot that names the municipality?
 
Write a letter to the insurance agent, and make sure the insurance company knows of your planned shoot. I don't foresee a problem with coverage, but I'm not an expert in this area.

IndiePaul is correct. In most cases the insurance purchased by a home
owner, an apartment owner or a RV park owner will not cover “special
events”. And an insurance company may see a movie shoot as something
“special” - something not in the normal, everyday expectations of the
area.

APE iscorrect about the difference between liability and E&O.
 
Isn't E&O coverage for properly obtaining permits and other requirements of the jurisdiction -- including General Liability?

No. General liability covers you against claims for equipment loss or damage and accidents/injuries to anyone on your set/location (both those employed/involved with your production plus visitors and members of the public affected by your production). E&O insurance on the other hand covers the content of your film, for example, it would cover the legal fees and any damages arising from claims of; copyright infringement, slander/defamation, invasion of privacy and other chain of title or breach of contract issues.

So, distributors don't care if you had general liability cover when you shot your film but they do care (and usually require) that you have E&O cover to protect them against distributing content which infringes copyright, slanders/defames, etc.

G

PS EDIT: It hopefully goes without saying that exactly what, who and how much is covered by General Liability Insurance and E&O Insurance depends on the precise details of the insurance policies.
 
Last edited:
My planned shot shouldn't take very long and has no need for sets and only a few props. I could probably ask to be considered a tenant for the duration of my shoot and our activities should be within scope of the policy so no extra notice is probably needed.

This sounds a lot like insurance fraud if you attempt to make a claim. I'd assume where you live, that it may even be an offense that could lead to jail time. If I were you, I wouldn't do that. Check with a lawyer to confirm.

Chain of title and distribution issues are covered by E&O insurance as far as I'm aware, not by general liability insurance.

Yep.

Isn't E&O coverage for properly obtaining permits and other requirements of the jurisdiction

Nope. Public Liability insurance is typically all that's required for permits. The policy amount required varies from area to area. E&O is insurance for distribution. It usually covers story and script issues and ownership issues... simplistically speaking.
 
This sounds a lot like insurance fraud if you attempt to make a claim. I'd assume where you live, that it may even be an offense that could lead to jail time. If I were you, I wouldn't do that. Check with a lawyer to confirm.
LOL, I highly doubt that. First of all, I won't be the one making claims on the insurance company. I am asking the owner to sign a waiver giving us permission to be on his commercial property (where people come to enjoy the outdoors, walking around trails and rocks and taking videos). And I will advise him to ask contact his insurance company if he feels uncomfortable. I don't have liability in this case if the owner signs my waiver. I plan on giving the owner and his company a thank you credit.

Sure, one of my actors/crew could twist a knee and decide to sue the owner who would ask his insurance company to handle it but then how is that fraud? It isn't fraud for the injured party to make a claim although the owner may be denied a coverage by the insurance company (as is the risk in any claim).

Perhaps if I were not truthful about the circumstances of my shoot I may have some liability but if I am completely upfront and the owner signs my waivers then I don't see any liability on my part.

How do you guys handle shooting on someone else's private property, i.e. a friend's house?
Nope. Public Liability insurance is typically all that's required for permits. The policy amount required varies from area to area. E&O is insurance for distribution. It usually covers story and script issues and ownership issues... simplistically speaking.
So E&O premiums don't care if you obtained proper location releases? I'm talking about a link between properly obtaining permits/general liability and waivers (in this case the owner of the property) and E&O you will be paying. Don't distributors and insurance companies request a chain of title which I believe includes location releases? And failure to obtain them will raise alarms leading to higher premiums?
 
How do you guys handle shooting on someone else's private property, i.e. a friend's house?
Technically you are not covered when shooting at a friends house.
If someone on your crew were injured and sued the owner, the
insurance company is not liable and will not pay.

In you example if the owner agrees then any damages are on the
property owner. You will have this in writing so you, personally, will
be safe from any legal action. You will have put all the liability on
the property owner.
 
So E&O premiums don't care if you obtained proper location releases? I'm talking about a link between properly obtaining permits/general liability and waivers (in this case the owner of the property) and E&O you will be paying. Don't distributors and insurance companies request a chain of title which I believe includes location releases? And failure to obtain them will raise alarms leading to higher premiums?

They can, and I've never said anything to the contrary. We WERE talking about permits and liability insurances, not releases. Just to be clear, permits aren't releases. You typically don't need a release to shoot public property.

Releases are required to clarify ownership. What releases they require will depend on the E&O insurance policy requirements. It's usually to get every release that could possibly be needed while you're shooting. Obtaining them afterwards can be problematic and sometimes costly.

This is why you obtain an E&O quote and details before you start shooting.

LOL, I highly doubt that.

It really doesn't matter whether you doubt it or not. They're your employees and you're responsible for them and their actions. There isn't going to be workers compensation insurance in place and if someone gets injured you're looking to get it covered by public liability insurance. How the situation was described, it sounds like text book insurance fraud, or you're going to get sued personally by misrepresenting the situation to those on your project. You've been advised to seek the council of a lawyer. If you choose not to, don't expect a sympathetic ear if the book gets thrown at you. If you have no budget for the proper insurances, you're most likely better to seek an agreement of indemnity from your cast/crew/locations (though most property owners will laugh at you) and hope that flies if legal action ensues.

You should consider bringing on a producer for this film.
 
Thanks Sweetie for confirming what I suspected, that you're totally clueless about the law and crime. I'd prefer if you and your ludicrous assertions stop trolling my thread. Thank you.
 
Back
Top