Fine Art Insurance

 

February 5, 2014

 

Summary: The world is full of beautiful things: paintings, sculpture, glass works, textiles, figurines, jewelry, and other items. Some items were made centuries ago and have historic, as well as artistic, value. While many individuals collect such things, many corporations collect such items as well along with museums, galleries, and art and antique dealers. There are similarities but there are also differences; for a discussion on insuring fine arts owned by individuals, see Scheduling Personal Property for the Homeowners Insured.

These items are often rare and extremely valuable, and proper insurance coverage is important. Not only is theft a hazard, but there are environmental issues in the presentation, display, and storage of such items. These things must be considered when the item is being insured. There are many carriers who specialize in providing coverage for these types of items, and risk management is a large part of insuring these collections.

Topics:

Introduction

Humidity and temperature

Light

Pests

Framing

Sculptures

Textiles

Glass

Theft and vandalism

Disasters

Possession of stolen works

Coverages

Introduction

 

Each type of artwork has its own vulnerabilities to certain environmental factors. These environmental factors need to be controlled with proper risk management; this allows the carrier to properly underwrite the exposure for the hazards it faces. Storing watercolor paintings in a humid basement is not going to preserve the artwork, and no carrier is going to be willing to provide coverage for work that is not protected. Protection is very particular to any given item; ceramics have different needs than paintings, which have different needs than metals. Protective measures are the same for works in a home as well as works in a museum; homeowners may not be able to go to the same lengths, but it is the best way to preserve the artwork. And it is not just protection—improper care can damage an item as easily as improper display or storage.

 

Humidity and Temperature

 

Oftentimes when you visit a museum you will notice a small strip of paper behind the display; this is to keep track of the humidity in the display case. Humidity can lead to mold, which is extremely damaging to most things. As mentioned earlier, keeping the watercolor paintings in a humid basement is a bad idea. Humidity for most works should stay between 40-55 percent. Some materials, such as metals and stone, can tolerate lower humidity, down to 20 percent. Oil and acrylic paintings on wood or canvas can tolerate humidity levels up to 65 percent, while photographic materials must remain in the narrow range of 35-45 percent. The range for most materials is 45-50 percent. When objects of varying sensitivities are displayed near each other, the environment should be set for the most sensitive objects. Humidity below 65 percent keeps the moisture content of paper too low to allow most fungi to grow. Outside walls expose the art to more humidity; art should always be hung on an interior wall.

 

Temperature is also important: 68 degrees is standard for most objects, and the temperature and humidity should be stable. Fluctuations in temperature and humidity can cause warping and other damage to certain materials.

 

 

Light

 

While sunlight is great for plants, it is dangerous to many types of artwork. Sunlight contains ultraviolet light, which has the highest energy and is extremely damaging. Light can fade colors, weaken and discolor fibers, and cause stains. This damage cannot be repaired. This is partly why museums rotate exhibits. Some experts recommend that works of art on paper not be displayed more than six weeks every two years and be stored in darkness when not on display. While not all museums adhere to this rule, many museums do not have windows facing the artwork and keep the light level low. Tinted films and coverings that screen out the ultraviolet light are available for windows that are present; shades may also be used. Fluorescent bulbs also contain ultraviolet light, and therefore should be filtered as well.

 

Some framed works on paper may be protected by glass. There is a difference between non-glare glass and museum glass—museum glass protects against ultraviolet light while non-glare glass does not. It reduces glare but does not protect the artwork. Plastic is not recommended as it carries a static charge that may lift loose media from the paper when used on works of pencil, pastels, or mezzotints. Plastic often dulls with age and may take on a yellow or grey tint.

 

Pests

 

Pests include not just insects, but mold and mildew and birds and animals. Proper humidity and temperature discourages pests, and the building should be well sealed so insects and animals cannot enter the building. Food, beverages, and potted plants and flowers should be restricted from display, storage, and work areas. Traps can be used to monitor pest intrusion, and regular inspection of artifacts will allow pests to be discovered and removed quickly.

 

Framing

 

While framing protects the art, the process of framing artwork also exposes it to some hazards. The matting and backing may contain acid. If the glass touches the work it can expose the work to damage from condensation. Light, as discussed earlier, is always a problem.

 

When artwork is framed a backing is used and often matting is used to highlight and show off the work. However, these products can contain harmful substances; they may be acidic, and acid from matting or backing can deteriorate the paper fibers of the artwork, causing it to become brittle and yellow. Therefore, acid free mats and backing must be used. Acid free matting has a neutral ph of 7. Some products are made with an alkaline reserve to offset acid that builds up over time; this ph is around 8.5. Acid is released from matting and backing by contact with humidity.

 

The glass should never touch the artwork. If moisture enters the frame or condensation occurs, the work may get damp and adhere to the glass; this is where most damage occurs. Even if the work is not matted, spacers can be used to ensure the glass does not touch the work in question.

 

Once in the frame, the work should be backed by a paper dust cover. This is a sheet of paper that covers the entire back of the frame and protects the work from damage from dust, insects, and other hazards.

 

Sculptures

 

Sculptures can be made from a variety of materials: bronze, copper, brass, iron, marble, and wood are just some of the options. Various materials have various needs. Wood needs to be treated differently than bronze and reacts differently to the same elements. Metals tend to develop a patina over time, and this may or may not be desired.

 

Painted wood has the same issues with light that other artwork does; paints can be faded until they are almost gone. Therefore direct sunlight should be avoided. Humidity is also a problem. As wood dries, cracks may appear. The outer layers of wood dry before the inner layers do. This causes checks, which are cracks in the surface. They will disappear when the wood gets to an even moisture level. A damp rag can be placed behind the sculpture or mask in order to slow the checking. Finishing oils should be used to maintain the finish on the wood.

 

Marble is heavy and brittle, so breaking is a real hazard. How and where the statue is mounted is important; it needs to be displayed, but out of the way of traffic so it cannot be knocked over. Marble is also very susceptible to acids and alkalis, and use of such should be avoided. Exposure to lemon juice, vinegar, or wine can etch the surface and remove the polish and over time erode the surface. Abrasives can scratch the surface and should be avoided at all costs. Distilled water can be used for cleaning, and if a cleanser is used, distilled water should always be used to rinse the statue. Wet cleaning is not advisable for all surfaces, so dry cleaning may be better. There is a product called Groomstick, which is a spongy, rubber material free of moisture, solvents, or chemical additives, it comes from a conservation supply company. This can be rolled lightly over the surface.

 

Bronzes are best cleaned using a dry method; household detergents or solvents will damage the bronze or strip the wax off of it. Water or a neutral material should be used if wet cleaning is necessary. It is best if the bronze can be simply dusted with a clean soft cloth; the bronze can then be waxed with a thin coat of wax made especially for bronzes. Cleaning and waxing is recommended once or twice a year for interior bronzes and three to four times a year for outdoor bronzes.

 

Copper and brass will both develop a patina over time although it is often more desirable on copper. To protect brass, various lacquers or laminates may be used in order to keep it looking like new.

Steel that is to be kept outside must be pretreated to prevent further rusting; it must be pre-rusted, then treated with an oil and turpentine mix to protect it. It will not continue to rust, although it needs to be retreated periodically to preserve it.

 

Textiles

 

Textiles cover a broad range of items from needlework to clothing to rugs to tapestries to costumes, and may contain linen, silk, wool, cotton, metals, and other types of materials. Again, light, humidity, and acid are the enemies. Studies have shown that only fifty days of illumination for eight hours a day of the equivalent of office or a typical kitchen light can cause noticeable fading of colors. Humidity needs to be kept in narrow range, as too much can lead to mold and fungus and too little can cause fibers to shrink and become brittle. It varies by textile as well; the humidity level that is fine for wool is damaging to silk.

 

Items that are to be displayed, especially those that are fragile, may benefit from being mounted to a fabric support. The mounting fabric should be similar to the textile being mounted so it will shrink or expand at the same rate as the displayed object. If the object is too fragile to be sewn to a fabric support, it may be placed over a frame with silk or polyester netting placed over the object; the netting is then sewn to the backing material that is one the frame so the object is mounted but not sewn.

 

Any display puts the item at risk; it should be kept out of sunlight and fluorescent light, and exposure to other light sources should be limited. Smaller textiles may be laid flat in a display case, which prevents stress on the object. Framing can be an option, but as with paintings in frames, spacers should be used so that the glass does not touch the object. Mounting an object puts stress on the fabric and causes wear, even if the mounting is done carefully. Larger textiles may be hung but this must be done correctly or the item is at risk of great damage. All but the largest and heaviest textiles need to be lined, and the appropriate backing must be used to avoid causing distortions over time. The item must be kept out of drafts as the swaying of the object can cause the backing or a net covering to abrade the textile. When hung, the proper method should be used so the textile does not sag and warp. Sleeves mounted to the backing and then using a metal pole inserted into the sleeve provides even distribution of weight of the object.

 

Anytime a textile is washed, damage occurs in the washing away of broken or loose fibers. This weakens the remaining fabric. Also dyes may run, fabric may shrink and warp, and other damage may occur. Many textiles were not designed to be washed, so preventing the accumulation of dirt is important. Textiles may be vacuumed carefully through a fiberglass screen. Other methods of cleaning are best done by a professional conservator.

 

Storage must also be done carefully; folds can damage fabric over time and cause the fabric to split when it is unfolded. Flat storage is recommended, with layering between sheets of acid-free tissue and placed in archival storage boxes. For larger objects, rolling is an option as this leaves no folds. Textiles with beading, embroidery, or other embellishments should be interleaved with tissue as they are rolled to protect the decorations. The rolled object should be covered in washed muslin which acts as a dust cover, and then the object can be placed in a tube. Some clothing can be hung as long as it is not too heavy and a wooden hanger with a correct shoulder slant, with additional layers of quilt batting is used. The storage location is important; humidity and light must be controlled in the same way as for objects on display.

 

Glass

 

Glass is both durable and fragile; it can last for hundreds of years under the right conditions, or it can break in an instant. Glass has been used for functional objects, decorative pieces, and decorated functional objects. It may be embellished with valuable materials such and gold and gems, or may be etched, enameled, or engraved. It can be combined with metallic or wooded mounts. Any mounted glass should be handled carefully when cleaning; water should not get into any crevices surrounding the mounts, and adhesive mounts may dissolve in water or solvents. Solvents may also damage metal or coatings to protect it from tarnishing.

 

Glass can deteriorate over time and is more common among sixteenth century Venetian and seventeenth century Cristallo glass. The phenomena is known as glass disease and is caused by inherent faults in the chemical composition of the original glass formula. Exposure to high levels of humidity can cause calcium oxide salts to leach from the glass, and when the humidity decreases, these salts crystalize on the glass itself. Once crystals have formed on the glass, subsequent humidity changes will attract moisture and form droplets of liquid; this is known as weeping glass.

 

While humidity is a problem for glass, light is not as problematic as it is for some objects. Incandescent lights create excess heat, which can be a problem; glass can break if exposed to sudden changes in temperature, although this is more likely to occur when the object is being cleaned. However, depending on the shape of the object, sunlight filtering through a glass item may be focused in such a way as to cause burns on nearby materials, similar to the effect of a magnifying glass in the sun. Important in the display of glass is ensuring that the display is secure and the object cannot be jostled, knocked over, or dropped.

Theft and Vandalism

 

Since artwork can be worth millions of dollars, theft is a huge issue, as is vandalism. Art theft is a $6 billion a year industry and thefts are on the rise. Most art is never recovered, and 20-30 percent of thefts are not even reported to authorities. Access to collections must be restricted; storage areas must be locked at all times, and only key staff should have access to these areas. Visitors should not be allowed to access any storage areas. Areas should be monitored during visiting hours, as some objects are tempting to touch and contact with the oils and dirt on hands can be damaging. Ropes and other barriers can be used to prevent access and touching of objects. However even this cannot prevent all vandalism; there are several cases where art in a museums has been vandalized during visiting hours.

 

In August 2013 Tim Haries spray painted the word “help” on a portrait of Queen Elizabeth on display in Westminster Abbey. While he was arrested on the spot, he was still able to vandalize the painting. In April of 2013 a woman was able to vandalize a painting in the Louvre with a marker. Over time various paintings and sculptures have been doused with acid, spray-painted, cut, hit by rocks and statues have been decapitated, knocked off their bases, and covered with paint. While the works can often be repaired, it is time consuming and removes the object from display. When this happens to a more popular or well-known work, it can affect the number of visitors. The Mona Lisa is now behind bulletproof glass to prevent further attacks, and the statue of the Little Mermaid in Copenhagen has been moved further out into the harbor to prevent attacks.

 

While security cannot always prevent attacks or thefts, the presence of security can arrest offenders, especially vandals, when the act is committed. The presence of security may also prevent theft of more portable objects. All objects should be displayed in locked cases; visitors should not be allowed to handle works of art or artifacts. The building itself should have sturdy doors and windows and heavy-duty locks on both. Security lighting, alarms, and patrols are all important to keep the collections safe from harm. Alarms should be linked to a security monitoring firm or local law enforcement so that the response can be as rapid as possible. As many thefts are perpetrated by insiders, a background check of all employees and volunteers is recommended.

 

Disasters

 

Disasters can be catastrophic to museums and other art collections. Estimates are that damage from flooding from hurricane Sandy would cost between $400 to $500 million. While this estimate includes damage to the galleries themselves, there is still significant damage to the artwork. Direct contact with water, sewage, mud, high humidity levels, changes in temperature, and mold all cause damage. Fires cause direct damage by flames, smoke, heat, soot, and water. Earthquakes and tornadoes can also cause significant damage by physically damaging the works and exposing them to light, heat, humidity, cold, and rain. Even run of the mill maintenance items can be disastrous if a leaking pipe is unknown and water runs down the walls all night.

 

Various detection systems are needed. Systems that detect heat, smoke, and water should be in place. Fire detection systems should be directly wired to the fire station. Leaking pipes and roofs can be detected by regular inspection of the property. Fire suppression systems should be in place as well. Systems where each sprinkler head is activated separately protect other works from damage. Systems that use carbon dioxide are safer for artworks but are more expensive.

 

Hand held fire extinguishers can be used for small fires, but staff should be instructed in how to use them and what procedures to take. Most fire departments recommended sounding the alarm then trying to put out the fire yourself. Staff should be made aware of disaster procedures for any and all disasters, and practice drills can be helpful.

 

Part of handling a disaster is being prepared in advance. Not only for general insurance purposes, but a collection inventory that includes appraisals and condition of each item. These can be created by a professional conservator, who will document and assess item, as well as recommend conservation and maintenance treatments and list which items should be addressed first in order of importance in the event of a disaster. A record of the location of the item is important as well; with this the most valuable and vulnerable items can be located and assessed first. A list of experts on-call should be accumulated as well. During a disaster is not the time to be trying to find qualified conservators who can handle the works that have been damaged; a list of on-call experts allows conservation to begin as soon as possible. Conservation begins immediately after an event. Works need to be assessed, and it needs to be determined if the work is best restored on site or if it should be transported elsewhere. This is important because packing and transporting can cause more damage if it is not done correctly.

 

Possession of Stolen Works

 

It is not just art thieves who find themselves in possession of stolen works of art. An innocent person may buy a piece of work from a gallery only to find out later that it had been stolen years ago from a museum or a private collector, and the individual does not have legal claim to it. As many works of art are quite old, even due diligence does not always turn up that the piece had been stolen years earlier. Nazi loot gets a lot of press attention although it is rarely an issue, but there are plenty of claims where an ex-spouse has a lien on a piece of work once shared with the ex because the taxes did not get paid. Likewise a work of art stolen from a museum 100 years ago may be in the hands of the legitimate dealer who does not know the full history of the artwork. Items get passed down through generations, and the current owner may not know where the art originally came from. The show Antiques Roadshow is full of people hoping that great-great-grandpa Joe's picture in the attic is a valuable piece of work.

 

Coverage

 

Like many policies, fine art coverage is often all risk, which provides coverage unless the cause of loss is excluded elsewhere in the policy. Coverage is often provided on a wall to wall/nail to nail provision; this provides coverage for the work from the time it is removed from its original location to its' return to the original location or another point as designated by a lender/owner. Included in this coverage is coverage for packers, handlers, auction houses, storage locations, freight forwarders, and other bailees.

 

Fine arts is often very broadly defined and includes but is not limited to etchings, drawings, paintings, photographs, furniture, numismatic objects, jewelry, sculpture, ceramics, rare books, rugs, pottery, porcelain, and other bona fide works of art of rarity, historic value, or artistic merit. Property on loan from individuals or other institutions is also covered if the insured has agreed to insure it prior to the loss.

 

Coverage is often worldwide, including while in transit or on exhibition at any location worldwide. However, countries where U.S. sanctions exist may be excluded. Included in the coverage is storage facilities or in the possession of conservators, framers, or on loan to other institutions. An insured can specify locations if desired. A separate limit may be established for property in transit, as it is rare that the entire collection will be in transit at the same time. Legal liability coverage is provided for objects on loan that the establishment is responsible for as a bailee.

 

Exclusions are fairly standard, and include wear and tear, moths, vermin, rodents, inherent vice, gradual deterioration, war, government action, and nuclear risks. Damage that occurs as a result of attempts to restore, conserve, repair, or retouch is excluded unless is was required by the company as part of a loss settlement. A poor restoration job can cause more damage than was on the artwork to begin with. It is difficult to distinguish between dirt in the varnish, dirt on the painting, and actual pigments put on the painting by the artist. The products used to create the original works are no longer in use, and modern products do not age the same way as the original materials.

 

Conditions include the standard arbitration and subrogation conditions. Many policies also include a condition that the alarm system be maintained and that it must be in full force when the locations are left unattended. Packing is another condition; whenever works are packed it is required that they be packed, unpacked, and shipped by professional packers and shippers. An inventory of all property is required in some policies, and is recommended in general in event of a loss as discussed previously.

 

Valuation tends to be current market value at the time of the loss. Some policies use agreed value for loaned items, although if no agreed value is listed settlement is at current market value. If the art is to be valued at a stated amount, it must be agreed on by the carrier and documented. Most items are valued at current market value unless an amount has been agreed upon. Partial losses are settled at costs and expenses for repair/restoration plus additional expenses including depreciation. Items such as packing crates and electronic equipment are valued at replacement cost.

 

Many policies contain specialty additional coverages; these may include coverage for a museum's reference library, including computer data, letters, books, manuscripts, and other items; frames, crates, and technical equipment; or an indemnity deductible, which pays the indemnity deductible should there be a claim on an indemnified exhibition. Other coverages include loss payment currency—this allows the claim to be paid in the currency of the lender's/work's origin or as listed on the loan arrangement. So for an item from the Metropolitan Museum in New York that is loaned to the Prado Museum in Madrid and is damaged while there, the loss payment will be in United States currency. Another important currency option is for currency fluctuation, which allows the claim to be paid in U.S. currency instead of the original currency listed on the loan agreement. This is important with fluctuating currency rates. Coverage can also be obtained for rewards when a monetary reward is offered for recovery of undamaged stolen property.

 

Art title insurance is a new type of insurance developed for the situation of possession of stolen artwork. These policies guarantee clear legal title and insure against provenance/chain of title issues stemming from contemporary or historical theft, illegal import or export, or risks from security interests, creditor liens, or authority to sell. It is not unusual for an owner to not know who previously owned the artwork as the owner of the art for sale at an auction is often kept confidential. Creditor liens occur when a seller had used the art to secure financing but did not pay off the loan. Sometimes when the owner who consigned the work for sale by a dealer or gallery is not paid by the dealer or gallery, this owner then may go after the innocent purchaser to reclaim the art. Coverage for the face value of the property and the cost to defend against a claim is provided. The collector is covered for the lifetime that the collector owns the work and extends to heirs upon the death of the collector.

 

Museums risk losing irreplaceable works of art, financial loss, and personal liability for museum trustees if a museum work is reclaimed due to art title issues. Even with experts on staff, a museum cannot always ensure that a work being purchased is not stolen or imported illegally. Clear title to the work is critical to the museum's ability to increase its collection; art title insurance is a way to protect the institution from at least the financial loss.

 

Many D&O policies exclude art title-related losses. While there are anti-seizure laws that provide some protection from the seizure of loaned art on exhibit, not everything falls under these laws so many loaned items are not protected. Procedures must be followed in order for loaned works to receive such immunity, and the immunity lasts for a limited period of time. For example, the Metropolitan Museum may borrow works from the Louvre; the anti-seizure laws protect those borrowed works from being seized while in the United States due to title issues with the artwork.

 

 

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