Claims that made the news in July 2021
Hello!
Glad to welcome you here in another #MondayBlog!
The month of July this year was a bit unusual. First, because our Brazil was taken by a cold front that caused a lot of damage to crops, people and animals.
But the most impressive thing for us at Prospecto was the news of claims related to our area of expertise, the audiovisual market.
And obviously, we could not fail to comment on these cases and explain to you, dear reader, what coverage would be triggered and how each claim could be covered.
SCARLETT JOHANSSON VERSUS DISNEY
A Case of Errors and Omissions
What happened in this situation? It's no secret that after Covid-19, many companies focused on streaming, to make their content reach the public, without losing their revenue.
However, according to a statement by actress Scarlett Johansson, this was not what was agreed between her and Disney in the contract signed in her participation as the Black Widow.
The actress' cache was established based on the box office success in theaters, and "a promise" was made to the actress that there would be no streaming involved.
The problem is that there was streaming, and a lot! And the actress didn't gain anything from it.
The fight is still going on, with both sides attacking and responding, and we believe this conflict should end in court.
Now, do you know which insurance will be triggered? Errors & Omissions insurance.
That's right, it will be triggered, because there is not the slightest possibility that a film of this magnitude will not have this product hired since the beginning of the filming conversations.
The actress's accusation rests on coverage of breach of contract, that is, if she can prove the existence of the promise made by the Disney studio.
In addition to being triggered lawyer expenses and probable injury, if the discussion escalates. And to make matters a little worse, the studio released the actress' salary, which could be covered by professional breaches.
Let's keep an eye out to see how this drama is resolved!
Other possible E&O cases against Disney
Who has never heard the expression “to open up the Pandora´s box”?
Yeah, it looks like that's what's going to happen with Disney.
After the Scarlette Johnson action, other actresses are considering suing the studio as well. Among the names cited in the mainstream media are Emma Stone, who recently gave life to Cruela Devil, and Emily Blunt from Jungle Cruise.
ACCIDENT AT MASTERCHEF BRAZIL
Personal Accidents and No-Show
On July 30, chef Henrique Fogaça suffered a fall while recording the program, and had to be taken to the hospital to complete the rescue.
The juror suffered a small cut on his head and was treated on the spot by the Band's medical team and as a result of this accident, Friday's recordings were cancelled.
First of all, we at Prospecto are relieved that, despite the scare, the chef is doing well and is certainly recovering.
And secondly, let's detail all possible coverages to be triggered with this accident on the film set, within our Audiovisual Production product.
Personal Accidents
This is mandatory coverage in the audiovisual industry, and every producer knows it very well. At this point there is the SINDCINE that regulates this whole situation, so we believe that the costs of medical treatment and exams resulting from this drop will be triggered in AP coverage very soon.
No Show
One of the worst nightmares, there was no filming, and all expenses occurred normally. Salaries will have to be paid, among other financial losses, in addition to the fact that they will have to film again, and soon.
If the production has not included the No-Show coverage in its insurance contract, there will be a lot of money coming out of your pocket.
With the contracting of No-Show, and having named Fogaça as an essential person for the recording of the program, the expenses of the day of the accident, as well as the expenses of re-recording this episode would be borne by the insurer, as it was clearly a case out of control of the insured, and the chef could not continue filming.
TWO LIPA IS PROCESSED FOR POSTING PHOTO
Producer Civil Liability
Influencer Dua Lipa was sued for posting a photo of her, taken by a paparazzi, on her Instagram account.
As the account is monetized and the photo is not hers, that is, the copyright of the photo rests with whoever took it. She will probably have to pay R$750,000.00 in compensation to the photographer who owns the photograph.
We found this news very interesting, as many people confuse image rights with copyright. Dua is the owner of the image right, but cannot use this photo freely because she did not take the photo, someone else is the owner of this copyright.
And, in this way, we ended up seeing another moment when an E&O insurance would come in handy for the influencer. Clearly, this was a mistake, and she bumped into the coverage of “Copyright Infringement or Author's Moral Right”.
TRAGEDY IN PHOTOGRAPHIC SHOOT
Civil Liability and Personal Accidents
In the audiovisual field there are accidents and there are tragedies, and the last one was what happened in a photo shoot in Cariri do Tocantins.
Physician Denis Rugel, while participating in a photo shoot with his fiancée at a dam, died of electrical shock while trying to pull the hook he had thrown, which accidentally got caught in an electrical wire.
It is not possible to measure the pain and sadness of Dr. Denis' family, and we express our solidarity to the entire family and his fiancée.
From the point of view of our branch, we once again reinforce the need for insurance, because yes, a photo shoot is a production covered by our insurance.
And let's talk here about two possible situations in the life of this photography company, civil liability and personal accident coverage.
Personal accident is simpler to understand as the situation would fall under the accidental death coverage.
Now the question of civil liability can get a little confusing.
But it's a real possibility, because whoever chose the location to take the photos, analyzed the scenery and chose the props, was probably the company, and the groom's family can, very well,
sue the company for having placed the couple in an inappropriate location for the photo shoot.
Whether the family would have won is difficult to say, but that it is a possible scenario, no one can deny.
JI CHANG WOOK
Coronavirus and No-Show
One of the darlings of the South Korean art scene, Ji Chang Wook tested positive for Covid-19 last week.
For those who are not yet familiar with the K-Drama market, we are talking about a phenomenon that has affected young people, teenagers, and also the not-so-young, all over the world.
Just take a look at the number of Asian series that are currently present on the streaming platform to have proof of what we're talking about here.
But back to our case, the actor was about to shoot the series Annarasumanar (The Sound Of Magic) from Netflix.
And because of the positive result, filming was postponed.
And, once again, there is the No-Show, of a person essential to the production.
In this case, however, we have an aggravating factor. Pandemics are normally excluded risks in most insurance.
We at Prospecto wonder who, in the Brazilian insurance market, will be the first to accept Covid's insurance coverage for audiovisual productions and events.
Life insurance personnel have already updated themselves, and despite the 90-day waiting period stipulated, many insurance companies already assume this risk routinely.
So, dear reader, did you like our #MondayBlog today?
We hope so!
And we're counting on you here, next Monday!
Have a great week, lovers!
Insurance Prospectus
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This post was created through research on the sites listed below, under the "Fair Use" copyright law, as the research materials fall under public knowledge.
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