Liability insurance for a video production company
A video production company works by turns in its own studio and in the client's business. Those two places carry different liabilities, and one policy does not automatically cover both.
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In brief
In the own studio actors, clients and suppliers come in who do not work there. If a visitor trips over a floor hatch or something comes down from the grid, that is third-party injury. If you own the premises, the strict liability for a defective structure under Article 6:162 of the Dutch Civil Code applies alongside Article 6:174 of the Dutch Civil Code: that does not ask about fault, but about the condition of the building and the installations.
On client site the position is different. You film in a production hall, a laboratory or a distribution centre, draw power, put a light next to a line and block a forklift route. If you damage a machine there, that is property damage and covered in principle. If the client then puts the lost production in front of you, that is purely financial loss and you run into the exclusion of financial loss. With industrial clients that difference is often larger than the physical damage itself.
The third theme is the chain. You hire in DoPs, gaffers, grips, rental and catering. The duty of care under Article 7:658(4) of the Dutch Civil Code applies to everyone working under your supervision on set, even without a contract of employment. Also watch what you accept in production contracts: liability arising solely from a contractual indemnity, and penalties for late delivery, stay outside the cover. So, incidentally, does putting right or redelivering the film itself. The general explanation is set out on hub page on the AVB.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
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What to look out for
Four points that cause more argument at a production company than the level of the sum insured.
The studio as a structure
An own studio with truss, grid, dressing rooms and an audience makes you the possessor of a structure within the meaning of Article 6:174 of the Dutch Civil Code. A loose stair rail or an uninspected rigging point creates liability without fault having to be established. Keep inspection reports for lifting and electrical installations. In a claim those are the first piece of evidence.
Downtime at the client
If you accidentally stop a line, the repair is property damage but the lost production is financial loss. With industrial clients the latter can be a multiple of the former. For filming in production environments, agree in advance when you will shoot, and limit your liability for business interruption in your own terms.
Indemnities in production contracts
Large clients use purchasing conditions in which you accept more than the law imposes on you. An AVB covers your statutory liability; what you take on by contract on top of that falls outside it. A penalty clause for late delivery is also not compensation and therefore not insurable. Have purchasing conditions reviewed before you sign a framework agreement.
Freelance crew, trainees and runners
On a set there are rarely only your own employees. Everyone working under your supervision falls under the duty of care in Article 7:658(4) of the Dutch Civil Code, from the trainee to the hired-in gaffer. Give a realistic figure for the extent of your hiring in when you apply: the Articles 7:928 and 7:930 of the Dutch Civil Code give the insurer room to adjust a payment if the picture was wrong.
What does your premium depend on?
- Annual turnover: the basis for the premium at production companies
- Payroll and amount spent on hired-in labour: your own crew and freelancers both count
- Own studio: floor area, visitor flows and installations
- Filming in industrial environments: increases the chance of property and standstill losses
- Special parts: drones, fire, height or stunts are assessed separately
- Area of cover: shooting outside the Netherlands calls for a wider territory
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A component falls out of the grid and damages a client's car on your premises | Yes | No |
| A hired-in caterer suffers burns on set from a work light falling over | Yes | No |
| The hired camera crane is damaged while being loaded after the shoot day | Provided that | No |
| A third party's brand appears in the commercial and the rights holder sends a cease-and-desist letter | No | Provided that |
| The client charges the penalty from the production contract because the film is a week late | No | No |
| The client demands redelivery of the whole film after rejecting the edit | No | No |
Penalties and redelivering your own work are performance of the contract and insured on no policy.
Frequently asked questions
This is what people ask us most.
We damaged a machine while filming in a factory.
Physical damage to the client's property is the core territory of the AVB, provided you are liable under Article 6:162 of the Dutch Civil Code. Report the incident to the insurer at once and record the situation in photographs. Do that even if the client has not yet claimed anything; Article 7:941 DCC requires you to notify as soon as you are reasonably aware of the loss.
The client claims lost production because the line was down.
That item is pure financial loss and excluded on the AVB, even where the standstill results from damage that is covered. The position is different only where the conditions expressly include consequential loss. Limit this risk in your own terms of supply and make written arrangements about shooting times and access to the production area.
Is our studio covered if a visitor is injured?
Injury to visitors falls under the AVB, but the studio must have been declared as a location. If you own the premises, liability for the structure under Article 6:174 of the Dutch Civil Code applies. If you rent, the tenant's liability section matters for damage to the building itself. That section is not present as standard on every policy.
A client wants us to accept his purchasing conditions with an indemnity.
That can hollow out your cover. The AVB follows liability in law. If you take on more by contract, you bear that part yourself. Look in particular at provisions about consequential loss, penalties and unlimited indemnities. A limitation to liability in law and to the sum insured is often negotiable if you raise it early in the negotiation.
Every situation is different. For these situations we have a separate page.
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