Real Reality TV means risk and sometimes difficult to cover

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March 30, 2009 Monday 10:02 AM EST

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Reality TV Means Real Risks and Sometimes Tricky Coverage

Meg Green

OLDWICK, N.J.

Chris Rogers, director of risk control for broker Aon/Albert G. Ruben Insurance Services, is well-versed in unusual insurance risks.

"What is a stunt? I can't define it, but I certainly know it when I see it," Rogers said.

Brokers and underwriters run into unusual risks from time to time, but perhaps none so unusual as those they meet when insuring reality television shows.

Rogers, a loss control expert, meets with film and television producers ahead of time to discuss what risks the production might face. "My responsibility is to help our clients do whatever it is they want to do, no matter how unusual or difficult it might be, but to help them do it safely and legally," Rogers said.

What if they want to drive a Jeep off a cliff? Sure, Rogers said, just make sure the Jeep has been outfitted as a stunt vehicle, and a trained stunt driver wearing safety equipment is behind the wheel.

And if someone wants to drive a nail into his body?

"The guy was of age, not a minor. So we just made sure there was medical assistance on set the day he did it, and suggested he use a very sharp nail so it goes through quickly," Rogers said of just such a stunt performed on a show he declines to name.

Paul Jones, managing director of Aon/Albert G. Ruben Insurance Services, said reality shows often have unique risks. "Each one is different," he said.

For instance, medical professional liability insurance might be necessary for a show that involves medical treatments or procedures.

From relatively standard property and liability insurance, to errors and omissions coverage, all risks can find coverage, and if necessary they are placed in the excess and surplus lines market, Jones said.

"There's always a way to get it done. It might mean higher deductibles or higher premium, or a coverage amendment or indemnity agreement, but we haven't come across any shows that we can't get coverage for," Jones said.

When a television or movie production involves stunts, a loss control expert is assigned to reduce the risk, Jones said.

"We try not to ask that they change the stunt, but we might recommend changing the safety procedures on a particular stunt," he said.

That's where Rogers comes in.

He said although the risks are unusual, it still takes good risk management and risk assessment using the "Three C's: communication, coordination and cooperation."

Reality shows, also called unscripted shows, can run the gamut from the relatively simple to underwrite, like those with someone agreeing to allow a camera person to follow them around and film their life, to tricker shows with physical stunts and challenges.

For those shows where a group of people are living together, Rogers said background checks are a must.

"You have to be careful in the selection of contestants and participants. You have to make sure no one has a criminal background of assaults or issues of that nature," he said.

One of the trickier types of shows to underwrite are the ones in which participants do not know they are being filmed. "Then you have to get them to sign waivers after the show," he said.

Another concern are talk shows that can include participants fighting, such as the Jerry Springer Show. "Those big guys on the show are former Chicago police officers. They are people who are well-trained in handling confrontational situations, and how to defuse these situations without it escalating," Rogers said.

As for driving a Jeep off a cliff, Rogers explains it's not just any Jeep. They alter it by removing the fuel tank and replacing it with a sealed fuel cell, and removing all other fluids from the car. They also install a safety strap so the driver can pull himself down into the Jeep, and a rescue team and medical crew are on stand-by.

Rogers said they spent two days getting ready to shoot that scene, taking all the safety precautions they thought were necessary. "We were just getting ready to roll, when the producer asked if it was 100% safe. Nothing is 100%. You want 100% safe, send everyone home," Rogers said. "We arrived at an agreed upon reasonable risk acceptance level. We spent hours and hours of preparation in order to achieve that risk level."

On the days of the shoot, Rogers said there are hours and hours of set-up time for loading equipment, and positioning lighting and cameras. "This can be somewhat boring for those waiting to do the gag, which is then followed by 15 minutes of 'abject terror' while we do what we have planned to do." Rogers said. "Then we go back to being bored again, hopefully."

(By Meg Green, senior associate editor, BestWeek: Meg.Green@ambest.com)

March 31, 2009