Category Archives: Claim Process

What to ask Art Gallery/Dealer before consigning your Art

Damage to Art happens more often than is reported. How can you make sure you are covered?

American Airlines, along with seven other art handling companies, is being sued for damage to a slash sculpture by Lucio Fontana. the damage work occurred while it was being shipped to the New York Armory Show.  Lloyd’s of London was the insurer for the gallery, Marc Selwyn Fine Art.

Most art claims arise from transit damages, this is so important to make sure your current Art Insurance policy covers losses while your fine art, antiques, and collectibles are being shipped.  Most policies do not restrict the mode of transportation be it Air, Train, Boat or Truck, but they do restrict using the United Postal Service’s regular mail.

The Swiss art trading company AGB Contemporary AG consigned Concetto Spaziale (1955-60) to Marc Selwyn with a sale price of €175,000 ($196,000), according to the ArtNews newspaper. When the work was actually damaged is difficult to figure out.

The Art was packed and stored by World Freight outside of Paris, then trucked to  Charles de Gaulle airport for JFK via American Airlines flight to New York. One week later, the sculpture was transported to the Armory Show where it was uncreated and the damage discovered.

Now, this is where I find it interesting.  Lloyd’s paid Marc Selwyn Fine Art $104,250 to cover the insurance money due.  But the work was for sale for $196,000 why did Lloyds of London pay out less?  My theory has a few variables.

The Art Dealer, Marc Selwyn Fine Art policy had a valuation clause of % of sale price or a % of consignment agreement minus a deductible.  Sidebar comment: checks are made to the dealer, not the lender, which could be a problem if the dealer holds back or refuses to pay the lender, it is recommended you ask to be a loss payee on all valuable work given to dealers/galleries.

These 3 variables are important to ask if you are the collector trusting your art, to a dealer.

  1. What is your policy evaluation clause if the work is stolen or damaged? Typical dealer valuation is selling price minus 20% or 30%.
  2. What is the valuation based on Consignment? usually consigned amount plus 10%.  But what if work was double consigned? most policies are silent on this and would have to be clarified by the company or the courts.
  3. What is the deductible on the policy, $1,000, $10,000, $100,000?
  4. Are there any restrictions on the method of travel? to countries?
  5. I highly recommend the lender to be named as a loss payee on the dealer policy, in the event anything should happen to the consigned work.

Each situation is different. Circumstances and risk tolerances evolving around the” business of Art” should be explored to help mitigate losses due to the unforeseen perils in the world we live in.

William Fleischer, CIC

800-921-1008 ext 111

www.ArtInsuranceNow.com

 

Insure fading photographs

Photographs have complex chemical structure and material composition. Each material has its own preservation issues and needs.

Consequently, photographs may suffer from fading and deterioration over time regardless of the extra care and special handling. Most Insurance Companies cannot provide coverage for items that cause themselves to deteriorate as a cause of loss.

However, a proper appraisal done every 3-5 years will keep the collection in good proper order. As changes in condition occur, a current appraisal will note the photograph’s individual characteristics which will then influence the current market value of the single item.

Contact:  William Fleischer 800-921-1008 or visit my website for application

APPLICATIONS:

Art Dealers
Artist Transit/Exhibition/Studio Insurance New Program
Auctioneers
Conservators/Restorers
Corporate Collections
Personal Collections
Exhibitions
Museum Collections
Business Owners Liability

Art Evaluation formulas you might see in an Art Collection Policy

Here are most of the current options found in an Art Collectors Insurance policy

1. Stated Amount based on an appraisal.
2. Market value or appraised value whichever is less.
3. Market value or appraised value. Maximum value 1.5% of appraisal value.
4. Market value – Onus of proof ( insured to prove value) up to policy limit.
5. Unscheduled Items: can be based on maximum value per item –Maximum Blanket limit- Onus of proof for valuation
6. Newly Acquired Property their cash value, but not more than 25% on similar type of policy.
7. Newly Acquired Property the lesser of 25% on similar type on policy or $10,000.
8. The cost of reasonably restoring that property to it condition immediately before the loss
9. The cost of replacing that property with a substantially identical property.
10. Property of Others in your Care, Custody, and control Maximum, based on the agreed amount prior to Loss 25% of Policy Limit,
11. Jointly Owned Property, value as stated in an agreement with the co-owner(s) up to the amount of your interest.
12. A loss to your Art Reference library, including books, catalogs and “data and Media” Settled at Actual Cash Value.

William
William G. Fleischer, CIC
President
29 Broadway, Suite 1511
New York NY 10006
212 566-1881 ext 111
wfleischer@bfbond.com
www.BFbond.com
www.ArtInsuranceNow.com

APPLICATIONS:

Art Dealers
Artist Transit/Exhibition/Studio Insurance New Program
Auctioneers
Conservators/Restorers
Corporate Collections
Personal Collections
Exhibitions
Museum Collections
Business Owners Liability

Water- A Serious Peril to Works of Art

AXA ART Presents Damages from Hurricane Sandy at its Lounge during 2013 AIPAD Photography Show New York

Serves to reinforce the importance of Disaster Preparedness

NEW YORK – (April 4, 2013) – Next to oxygen, water is the most essential element of human life. However, it is a serious threat to objects of art. according to AXA ART’s Fine Art Expert, Matthew Knight. “Water can be hazardous to works of art in many forms. Whether from excessive humidity, accidental pipe burst (which the insurance industry defines as “falling water”) or from mother nature’s fury in the form of heavy rains or coastal flooding (defined as “rising water”); the presence of water has proven to be very damaging to all artworks, especially photographs”.  Knight goes on to say, however, “The risks can be reduced by carrying out simple precautions and having emergency disaster plans in place.”

Nowhere was water’s damaging effects to works of art more evident than from the unprecedented and costly super-storm, Hurricane Sandy. AXA ART had chosen a casualty of this storm for presentation at its lounge during the 2013 AIPAD Show.  On display were damaged photographs, To Fight with Crossed Arms, 2007, ed 4/5, by prolific Chinese contemporary artist, Ai Weiwei.

Christiane Fischer, President & CEO of AXA Art in the Americas observed, “Sandy was the costliest event for the art insurance industry by far and we are now living in a post-Sandy world. We all will need to adjust our disaster planning strategies to protect important works such as To Fight with Crossed Arms from becoming victims of water damage”.

Over its more than 50 years of operation, AXA ART has seen and settled a variety of natural disaster claims internationally.  The global art insurance specialist advises that while some accidental damages can neither be foreseen nor deterred,  there are practical steps that can be applied to prevent the total destruction of works of art whether on display, in transit or in storage. Key components in the planning strategies of collectors’ and galleries’ should include evacuation and catastrophe preparedness as well as maintaining proper storage for art collections and inventories.  “Ultimately our goal is to support collectors as they seek to safeguard the value and longevity of their collections”, Fischer concluded.

Reference AXA ART’s  Collection Management Series for general information gathered from conservators and worldwide expert partners on caring for collections.  For more detailed information on protecting your possessions, AXA ART’s Claims and Risk Management teams are available resources: http://www.axa-art-usa.com/artprotect/caring-for-collections/prevention.html 

 

The AIPAD Photography Show ran, April 4 – 7, 2013 at the Park Avenue Amory, 643 Park Avenue, New York City.

Note to Editor:
To Fight with Crossed Arms, depicts Ai Weiwei’s allegorical self-portraits as curator, artist, architect, and critic. The title, derived from a Marcel Duchamp quote about facing an enemy with nothing more than crossed arms, refers to diverting political persecutions and tactics with the neutrality of a stoic non-combatant stance. This collaborative approach with artists/architects, MAP Office (a Hong Kong-based duo), seeks to express a shared rejection of artistic and political oppression without revealing the game.

About AXA Art
International reach, unrivaled competence and a high-quality network of expert partners distinguish AXA ART, the only art insurance specialist in the world, from its generalist property insurance competitors. Over the past 50 years and well into the future, AXA ART has and will continue to redefine the manner in which it serves and services its museum, gallery, collector, and artist clients across the Americas, Asia, and Europe, with a sincere consideration of the way valuable objects are insured and cultural patrimony, is protected. In addition, AXA ART invests in risk-prevention awareness and cutting-edge conservation techniques as a measure to protect and preserve cultural heritage for generations to come.  For more information, visit www.axa-art.com.

We have been an AXA Agent for over 7 years. For more information and a fast free quote visit us at www.ArtInsuranceNow.com

ain-axa

What are Chubb’s Policies like?

Chubb is known for their high-Value Homeowners, In many cases, you can include your Art on these Policies, Chubb offers stand-alone coverage policies, even though if your homeowner’s policy is with another company.

Are your valuables worth more than $1,000 (per item)? More than $5,000? Then Chubb says they are the company for you with
their Masterpiece Valuable Articles Coverage. Fine art insurance is inexpensive, generally running from one to two cents per $100 in valuation, depending on location and type of Art. “Price is not the issue in fine art insurance. The scope of coverage, conditions, and limitations along with fine arts expertise are the key factors to consider.

What Chubb offers:
• Itemized coverage
– allows you to determine the insured value
of each of your possessions. In the event of a total covered loss of an item, you will receive 100% of the insured value, with no deductible, and no depreciation.

• 150% replacement cost
– provides safeguards for items that appreciate. If the market value (before the loss) of an item lost or damaged in a covered loss is greater than the itemized amount listed on the policy, they will pay the market value up to 150% of
the itemized coverage amount for the item.

• Breakage protection
– coverage for breakage or damage to fragile items is automatically included.

• Coverage for “mysterious disappearance
– Chubb provides coverage when valuable items are lost or misplaced, especially when they disappear away from the home. Many homeowners policies don’t cover this.

Worldwide coverage
– valuables are automatically covered wherever taken, anywhere in the world.

• Appraisal
– Chubb does not require an appraisal for every piece that you itemize. For most possessions, they need a description of the item and a value. They generally require an appraisal only for fine art worth more than $100,000, jewelry worth more than $50,000, and any other item valued over $25,000.

Coverage for pairs and sets
– If a piece of an itemized pair or set (like earrings or a set of silver) is lost or damaged in a covered loss, you have the option to provide them with the remaining piece(s), and will receive the coverage amount for the entire set.

Cash settlement
– You are not required to replace itemized valuables in the event of a loss. You can choose a cash settlement, or replace your valuables at the dealer of your choice.

Coverage of newly acquired items
– If a new item is acquired and you already have similar articles insured with itemized coverage, the new item is automatically covered for 90 days for up to 25% of the total itemized coverage for those similar articles (maximum $50,000).

Chubb also has an outstanding claims reputation. We are one of the largest fine art insurers in the world and insure many collections of top art collectors.
To receive a quote follow the link and complete the application for a collector.

www.artInsurnceNow.com

tel: 212 566-1881

 

 

Collectibles Insurance MythBusters:

Collectibles Insurance MythBusters:

  1. Insurance Myth: My Art collection or Collectible collection is covered by my homeowners’ insurance.
    The FACTS: In most cases, your homeowners’ is designed to cover personal property and is not nearly enough to protect your collection.  There is no coverage for Breakage and sub-limits for theft. Many Homeowners Policy, will not cover your collection off premises, not even if lent to a Museum or Art Gallery.
  2. Insurance Myth: No insurance policy would cover my unique collection.  May it be Ceramic Art, Glass Art, Sculptures, Fine China or Unique objects if it has value, it can be Insured.
    The FACTS: There are many Insurance companies like  AXA, Travelers, Markel, Chubb or Chartis that will cover most types of collections, for a wide range of losses, Each company has a unique policy, coverage forms, exclusions, and limitations.  This is why, you need to speak with us, to help you review the differences.
  3. Insurance Myth: I’ll have to itemize every item in my collection and get it appraised to get insurance.
    The FACTS: No appraisals are necessary depending on if the Art or collectible has a reasonable high Values.   You estimate the value of your collection and determine the amount of insurance.  Although an inventory is not always required at the time of application to purchase insurance.  Bernard Fleischer & Sons, Inc, strongly recommends its customers maintain an inventory to streamline, provide proof, and expedite claims in the event of a loss.
  4. Insurance Myth: Insuring my collection will cost me a fortune.
    The FACTS: A Fine Art/collectibles policy is typically less costly than scheduling items on your homeowner’s insurance.  Call us today to get a quote for your prized collection.