I am wondering from both sides of the table, how or what to ask a professional photographer in regards to insurance, and what document is typically produced by a photographer?
Specifically I want to ask my future potential wedding photographer for proof of insurance as suggested by multiple websites.
I am not interested in legal advice and do not expect any answers to come from a lawyer. I am interested in basic common interactions in the US.
Are you asking for something above and beyond the contract between you and your photographer? IANAL, but a contract IS a binding legal agreement, and when it comes to law (at least in the US), that should be sufficient. If you are concerned about anything special, you should make sure there are stipulations about them in the contract, such that if anything does go to court, you have a binding legal agreement that both you and the photographer have signed backing you up (and the same would go for the photographer.)
When it comes to general contractors, they are often required by some level of government to BE licensed so they can pursue their trade, as there are often significant safety considerations involved...both for the customer and often for the public at large. I don't believe there is any requirement that a professional photographer be licensed to pursue their trade as I don't think there are many, if any, scenarios where it might pose a safety risk.
I guess I don't understand how liability insurance would apply to wedding photography, unless you are worried they might sue you over damage to their equipment. Again, I would think that is a contractual issue, waiving any responsibility you may have for equipment damage. On the flip side, the photographer may wish to protect themselves from the cost of certain kinds of damage that ARE the direct result of wedding invitees or what-have-you. The two of you would have to agree on where the boundary lies, and both of you are likely going to have to accommodate some level of risk and responsibility there.
These things are generally all a matter of contract, which is the legally binding document that outlines the agreements, liabilities, waivers, and arbitration process between you and the photographer. Use the contract to protect yourself, agree with the photographer about where liabilities lie, how you might arbitrate a dispute, how payment will be handled with (i.e. partial payment up-front, with the bulk of payment due upon receipt of product...which may simply be a set of photographs, or something more complex like a set of photographic prints of a certain quality, a photobook of a certain design, and copies of the RAW images. Insufficient product, incomplete product, etc. could then all be grounds to withhold all or part of the final payment, which should provide incentive to the photographer to produce what they agreed to produce, and not skimp out or produce crappy results, etc.) Once signed by all parties, everyone is bound to conform. ALL participants should be willing to accommodate their part of risk and responsibility in the event that they violate the contract in any way...that includes you, as well as the photographer.
There are two common forms of insurance that may apply:
Liability insurance, which protects them against people tripping over their gear or even if the photographer knocks over a candle stand and burns down the cathedral. You would ask to see his COI, Certificate of Insurance.
While not insurance, Professional Photographers of America has an Indemnification Trust, for its members, which helps pay for restaging and reshooting the wedding in the event that the photographer physically can't deliver the images, for whatever reason: he had amnesia the morning of the wedding and didn't show up, the memory cards get stolen, all kinds of scenarios where the photographer may be sued. To ask the photographer about this, you can ask if they are PPA members, and verify their membership here, if they are full members, or by phone (800-786-6277), aspiring members don't show up in the online search.
IANAL.
jrista's answer agrees with my thinking that most issues would be contract issues. But since you mentioned several websites suggested asking for proof of insurance, I had a look around to see what you were referring to.
There are a few issues involving insurance:
in some states it may be required that the photographer have insurance if taking photographs in places like public parks
apparently many wedding venues require all vendors (caterers, photographers and such) to have insurance. Otherwise either the vendor or the couple would have to sign waivers
if the photographer has a good contract, IMO he/she will limit liabilty to simply refunding your money if he should fail to deliver on the contract (due to illness or accident, gear failure, whatever). You may still be able to sue him for breach of contract and damages. His carrying insurance would improve your chances of getting a decent settlement.
if a wedding guest or vendor damages any of the photographer's gear, or it's stolen, or the photographer gets injured by a guest, you'd want to know that he, the vendor or the venue have insurance to cover it, so that he doesn't come after you.
I have seen a lot of discussions (dpreview and other places) in the past about contracts, but little about insurance. I would think that a good commercial photographer would have decent coverage, so if a prospective wedding photographer has a well written contract and insurance, they are good at the business side of things, which I think is a good sign that they are reliable and will deliver.
I'm guessing that the venue requiring proof of coverage is probably the main reason these websites you mention suggest asking prospective photographers about their covereage.
I am a photographer and I also have insurance for my studio, equipment and business. My insurance company offered to send COI to any of my clients who request. I think it is a great idea. Any thing can happen to even the most reliable in the business. If you are not insured and a bride has no photographer at her wedding due to a car accident or something off the wall. hires a photographer for a huge sum of money last minute, children at a reception tripping over gear not stored.....who will pay for that? A reputable photographer who is registered and pays taxes would have insurance.
Your insurance agent can send a certificate as needed. You may be asked to add a venue or company as a named insured, which means that they are now in effect a party to the policy.
Other than liability insurance, I'm not sure why you would need proof of any other coverage.
My advice is to contact your agent and have them advise you.
