E&O Insurance: What Producers Need to Know

Complete guide to Errors & Omissions coverage, underwriting process, clearance requirements, and how claims work.

What Is E&O Insurance?

Errors & Omissions insurance (E&O) protects film distributors, producers, and broadcasters against liability from legal claims arising from the film's content. If someone claims the film infringes their copyright, defames them, violates their privacy, or otherwise causes them legal harm, E&O insurance covers the legal defense and any damages award (up to the policy limit).

From a producer's perspective, E&O is typically required by distributors as a condition of licensing. Major distributors (Netflix, Lionsgate, Amazon, etc.) will not acquire your film without an E&O policy in place, with the distributor named as an additional insured.

What E&O Covers

Standard E&O coverage includes:

E&O does not cover intentional misconduct, fraud, criminal conduct, or claims arising from violations of law (e.g., illegal filming, improper use of locations).

When You Need E&O Insurance

E&O insurance is required when:

Cost & Timeline

E&O policies typically cost $1,500–$10,000+ depending on budget, content risk, and rights clearance. The underwriting process takes 2–4 weeks, which is why you should apply well before delivery is due. Have your clearance documentation ready when you submit your application.

The Underwriting Process

E&O insurance companies are highly selective. They want to minimize their own risk. The underwriting process is rigorous:

1. Application & Preliminary Information

Submit a detailed application including film synopsis, budget, distribution plan, cast/crew, and any known risks (e.g., controversial content, prominent real-life figures, close similarity to published works).

2. Clearance Report Submission

The underwriter requests a detailed clearance report documenting:

3. Risk Assessment

The underwriter reviews the film and clearance documentation. They identify residual risks and may request additional documentation, re-clearances, or content modifications before issuing a policy.

4. Policy Issuance

Once satisfied, the underwriter issues a policy. The distributor is named as an additional insured, and the policy is provided as part of your delivery package.

What Is a Clearance Report?

A clearance report (also called a "errors and omissions report" or "E&O report") is a detailed inventory of all potentially risky content in the film, accompanied by documentation proving each item is properly cleared. This includes:

A comprehensive clearance report often runs 30–100 pages depending on film complexity. For a detailed guide to music clearances, see our related article.

Common Insurance Claims

In our experience working with major distributors, the most frequent E&O claims involve:

Unlicensed Music

A production company used a copyrighted song without securing sync and master licenses. A music publisher or record label discovers the infringement and demands payment. This is the single most common claim.

Archival Footage Infringement

The production company used news footage, documentary footage, or historical clips without proper license or attribution. The original copyright holder demands damages.

Right of Publicity

The film features a real person (living or recently deceased) in a dramatized or defamatory context without their consent. The person (or their estate) sues for right of privacy or publicity violations.

Defamation

The film depicts real events or real people, and includes statements that are false or misleading, damaging the person's reputation. Defamation claims are expensive to defend even if you win.

Title Defect

A third party claims ownership of the film or underlying rights. This blocks distribution until the claim is resolved or the third party is paid off.

How to Minimize Your Risk

The best approach is to minimize the underwriter's risk before you apply for E&O:

This groundwork significantly reduces underwriting time and cost, and ensures you have defensible documentation if a claim ever arises.

About the Author

Dale Tanguay is a Post-Production Supervisor and film legal delivery expert. Owner of Carbon Arc Media, he has managed E&O placement and clearance coordination for 40+ independent feature films. Based in Universal City, CA. Contact Dale directly.