Monthly Archives: November 2015

You Have Just Been Sued…How What?

pixa free dfvHow To Prepare For A Deposition

Hopefully, you or your entertainment business will never be involved in litigation. But if you are sued, your business insurance will offer defense if the claim is covered under your business insurance policy. Your business insurance carrier will become involved with defending you in court, and part of that process includes depositions.

The deposition process will include the individuals involved in the litigation. This is where both sides interview the parties to get facts about the circumstances that cased the claims or loss. A deposition is a question-and-answer session that takes place in an attorney’s office. Usually present are the attorneys for the parties, the parties themselves, and a court reporter. It will be important to think about the following items as you plan for possible litigation.

Here are some things to thing about

  1. Always be represented with legal counsel.
  2. Do not be afraid to stop and ask your attorney questions.
  3. You will be under oath, so tell the truth.
  4. If you do not know the answers say so.
  5. Answer only the question, do no tell a story.
  6. Do not guess.
  7. If you need time to think about your answer, that is ok.
  8. Never guess in response to a question!
  9. Only answer the questions that are asked.

MovieInsure.com offers a wide variety of A-rated, admitted and Non-Admitted insurance companies for our clients to choose from. We only deal with companies that are on the Insurance Commissioner’s approved list.

We are located in beautiful Northridge, California next to CSUN..

 

Does Your Production Company Use Sub-Contractors?

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Why Your Risk Just Went Up

There are many reasons why you buy production or movie insurance. But the bottom line is that you buy commercial movie insurance to protect your assets and have claims paid fairly and promptly. You also want competitively priced insurance rates.

The National Labor Relations Board (NLRB) unveiled a new standard for determining which employees are considered employees and which are considered contractors. Over the past few months, most government regulators have been cracking down on businesses that misclassify employees as contractors. These rules may make more businesses responsible for labor law violations committed by contractors and staffing agencies in wage and hour benefits.

Previously, employers were responsible only if they had direct control over working conditions. This ruling will impact temporary staffing firms which currently employ over 3 million people. In some cases, these “contractors” may be deemed joint employees.

Most State governments are cracking down on businesses that try to skirt the employee/employer relationship by identifying certain individuals as contractors. Here is a good test:

The six factors, or questions, in the “economic realities” test include:

  1. Is the work an integral part of the employer’s business?
  2. Does the worker’s managerial skill affect the worker’s opportunity for profit or loss?
  3. How does the worker’s relative investment compare to the employer’s investment?
  4. Does the work performed require special skill and initiative?
  5. Is the relationship between the worker and the employer permanent or indefinite?
  6. What is the nature and degree of the employer’s control?

We are proud to offer specialized coverage for production and event insurance of all types. MovieInsure.com offers a wide variety of A-rated, Admitted and Non-Admitted insurance companies for our clients to choose from. We only deal with companies that are on the Insurance Commissioner’s approved list.

Should Employees Drive a Company Vehicle Home?

There is no doubt commercial auto insurance can be tricky, especially as it relates to personal use. Do you allow your employees to use a company vehicle for personal use? If so, keep reading. If your employee injures a third party while driving a company vehicle for any reason, in most cases and in most states, your company will be on the hook, even if you did not give permission to use the vehicle.

Here are a few examples of what can happen:

An employee uses the company vehicle to transport their child’s soccer team to a game.

  • An employee’s teenager takes your vehicle for a joy ride.
  • Your employee allows the neighbor to use your company vehicle.

We agree there may be good reasons to allow key employees to use company vehicles for personal use. However, we propose you consider these risk management techniques to help reduce your risk.

Consider the following:

Obtain proof of, and review, the motor vehicle records of the employee and all household drivers.

  1. Complete proper training of the use of the company vehicle.
  2. Complete vehicle safety inspections.
  3. Complete drug and alcohol testing of all employees – including management.
  4. Create driving standards and stick to them.
  5. Do post-accident reviews.
  6. Have annual MVR checks.
  7. Prohibit cell phone usage while driving.
  8. Only allow your employee and his/her household to drive the vehicle.
  9. Require the employee never keep company property inside the vehicle, even if locked.

Did you know that many commercial insurance companies give discounts for combining your property, auto, liability, and even excess insurance into one program?

MovieInsure.com offers a wide variety of A-rated, admitted and Non-Admitted insurance companies for our clients to choose from. We only deal with companies that are on the Insurance Commissioner’s approved list.

We are located in beautiful Northridge, California next to CSUN..