Business of Photography: Do I Need Insurance?

I recently submitted an article to Fstoppers that touched upon the legal issues you need to consider before starting a photography business. Naturally, my Fstoppers article was not all-inclusive so I wanted to take the time to touch upon another subject that many people often ask about -- insurance.

Do You Need Insurance?

Before diving into the different types of insurance available, I think it best if we take a moment to think about whether you even need insurance. Start by asking yourself two questions (1) what type of photography do I do and (2) is this my primary source of income. Once you have answered those two questions, make a list of your risks and potential liabilities. For example, a general portrait photographer likely has a smaller risk of loss than a wedding photographer. Wedding photography poses a unique set of challenges since the photographer is shooting once-in-a-lifetime events with large numbers of people. 

When making your list of potential risks and liabilities remember to consider the type of equipment you use, where you usually conduct your work, and how much you can afford to cover before tapping into insurance. If you use minimal equipment, it might be easier and cheaper to cover your equipment by adding a rider to your home insurance policy. Additionally, if most of your work is done on location keep in mind that many clients and venues will require you to provide a certificate of liability insurance. And, the more you can afford to pay before insurance kicks in, the lower your premiums (and vice versa). In many situations, the cost of insurance might far outweigh the income you generate from your photography. However, if you intend to grow your photography business or desire to pursue it on a full-time basis, then you really should purchase insurance. 

Types of Insurance

1. General or Business Liability Insurance
This is a necessity if you intend to operate any sort of photography business. This is umbrella policy provides protection against legal actions arising from injuries, accidents, damages and other claims involving people or property. it will also cover your attorneys fees and court costs if you are sued. Many clients and/or venues require that you maintain at least a general/business liability insurance policy. As such, if you can only afford one type of insurance, this one is an absolute must. 

2. Equipment Insurance
This insurance covers any loss or damage to your equipment. It should cover basic losses due to severe weather, damage through dropping and theft. You should maintain a list of the equipment you own and how much it would cost to replace it for your personal reference. However, be careful about policies that require you to attach a list of every single piece of equipment that you own in order to receive coverage; if you happen to purchase a new item and forget to notify your insurance company, you would be out of luck should that item be lost, stolen or broken.

3. Professional Liability Insurance (aka Errors and Omissions Insurance)
Professional liability or E&O insurance protects your business in the event you commit an "error" or "omission" while on assignment (or the client thinks you committed an error or omission). This insurance will also typically cover losses arising from copyright infringement, claims of false advertising, and/or invasion of privacy claims. It is also important to note that this coverage does not require legal action before the insurance kicks in. Instead, it can be used as a way to preserve the relationship with the client by allowing you to, for example, re-stage a shoot if necessary.

4. Commercial Automobile and Hired/Non-Owned Automobile Liability Insurance
If you (or your employees) use a personal automobile or rent automobiles in connection with your business, you should definitely consider obtaining either commercial automobile insurance or hired/non-owned automobile liability insurance.  Commercial automobile insurance will protect your business in the event you or one of your employees is in an auto accident while on assignment. While you may be tempted to simply rely on your personal automobile policy, be careful. Many insurance companies require that you specify whether your vehicle will be used for commercial purposes in the policy beforehand.

5. Property Insurance, Fire and Casualty Insurance
This is really only necessary if you own or rent a studio. This insurance protects you against any loss or damage to the building or the items inside the building.

6. Life Insurance and Disability Insurance
These two types of insurance will ensure you and your family are covered in the event you suffer a disability and are unable to work, or in the event of your demise.  Life insurance can also help supplement settlements of any debts and related expenses associated with closing your business. If photography is your sole source of income, you should definitely invest in both disability and life insurance.

7. Workers' Compensation and Employers Liability Insurance
Now as your photography business grows and you begin to hire employees, you will need to purchase Workers' Comp insurance. Each state has rules and regulations pertaining to workers' compensation insurance that you need to consult.

Closing Thoughts

My personal opinion, if you intend to do anything other than fine-art photography, it would be wise to purchase insurance. Insurance simply adds an extra layer of protection and general peace of mind.


Disclaimer: This article is for general information purposes only. While I am an attorney, I am not your attorney. Nothing in this article should be or is intended to be taken as legal advice. You should consult an attorney for advice regarding your individual situation. Contacting me in any capacity, including via the comments section, does not create an attorney-client relationship. The receipt or viewing of this information is not intended to create any attorney-client relationship.