Initial AP Story
(AP) — The insurer of Michael Jackson's canceled comeback concerts has asked a judge to nullify a policy intended to protect concert promoters if the singer wasn't able to complete the shows.
Lloyd's of London sued AEG Live and Jackson's company on Monday, claiming the concert promoter has failed to provide necessary medical information and details about the physician charged with the singer's death.
Lloyd's issued a non-appearance and concert cancellation policy in April 2009 — roughly two months before the pop superstar died. It was issued under an alias, "Mark Jones" and was supposed to cover up to $17.5 million in liability, according to the lawsuit.
The promoter should have informed Lloyd's what it knew about the singer's medical history, "including but not limited to, his apparent prescription drug use and/or drug addiction," the suit states.
Within days of the singer's death, an attorney for AEG submitted a claim with Jackson's death certificate, the suit claims.
The insurer states a medical exam of Jackson required by the policy was never conducted, and that they should not have to pay out for the canceled shows scheduled for London's O2 arena.
An email message seeking comment from AEG spokesman Michael Roth was not immediately returned.
Lloyd's lawsuit claims it has been seeking certain information from AEG about Jackson and his personal physician, Dr. Conrad Murray, since December 2009.
Murray is scheduled to go on trial later this year for involuntary manslaughter in connection with Jackson's death. Authorities claim he administered a lethal dose of the anesthetic propofol to Jackson in the bedroom of his rented mansion, although Murray has pleaded not guilty and his attorneys have said he did not give the singer anything that should have killed him.
The cost of canceling the London shows was one of the major debts facing Jackson's estate after his death.
Read more: http://www.seattlepi.com/entertainment/article/Insurer-seeks-to-void-policy-for-Jackson-shows-1412156.php#ixzz1OXe3Nlgo
Document are here http://www.radaronline.com/sites/radaronline.com/files/MJ-Lloyds.pdf
This is the summary
- The insurance was to cover accident, illness and death.
- Lloyd's state that the policy required a medical exam in London as well as the insurer's underwriters to attend a rehearsal.
- Lloyd's claims as these didn't happen, the only thing covered by the insurance is accident and that Michael's death wasn't an accident.
- Lloyd's state that the insurance policy doesn't cover pre-existing conditions, lack of care, drugs and misrepresentation.
- They argue that the form has misrepresentation as none of the prescription drugs MJ was taking was listed and it said MJ only saw a dermatologist since 2005.
- Lloyd's claim that MJ's medical history and "apparent prescription drug use and/or drug addiction" wasn't told to the underwriters.
- Lloyd's claim that AEG didn't send them the information they requested to evaluate the claim.
- LLoyd's also claim that AEG showed copies of the insurance policy to media such as Los Angeles Times.
summary of the policy (and that was one hard and boring read)
- Insurance policy is called " non appearance and cancellation insurance"
- The coverage was to start in April 2009 and go on until January 2010.
- Michael was insured for $17.5 million.
- It states that 30 shows in O2 was expected to bring $43M income , $1.4M per show and insurer would be off risk after the completion of 13 shows.
- Income from the shows reduced the sum insured.
- It again states that losses are restricted to accident only until the insurers see the medical report from London and attend rehearsals.
- It says that meet and greets aren't allowed and insurer has to see and agree to any promotional work in advance.
- The policy doesn't cover SARS, pneumonia, avian flu, child diseases (such as mumps , measles etc) as well as terrorism, biological and chemical weapons.
- Premium was $437,500 with additional US TRIA (Terrorism Risk Insurance Act) of $1,750,000. Later it's stated that TRIA wasn't bought.
- Full policy was to cover death, accident, illness, unavoidable travel delay, venue damage, adverse weather and national mourning.
- Insurers are notified of concert date moving, they agree to this changes.
- Effective of June 10, insurer agrees to include 7 band members, 4 vocalists and 12 dancers as insured people as well.
- It's stated that AEG rented a house in Chislehurst, Kent from July 2009 to June 2010. The travel from the house to venue will be between 20 minutes to 1 hour.
- It's stated that Michael would travel with 3 cars (4 if his children attend) to and from the venue. They list that 2-3 security guards, his make-up artist and [B]Dr. Conrad Murray[/B] would be travelling with him.
- It states that Michael's UK arrival date was July 4th 2009 and the first UK rehearsal was July 8th, 2009.
- Insurers are also sent the plans for the stage and the policy effective June 18 extended to include "cover losses from resulting from problems with the stage,staging or special effects". "Swinging arm" is explicitly mentioned. There are handwritten notes of "how high does the arm go?" , "what % of the show will the arm be used in?", " what effect would there be on the show if the arm didn't work?"
Insurers Of Michael Jackson Comeback Concerts Want His Medical Records
(CNS) Posted Monday August 15, 2011 – 9:10am
Members of the late Michael Jackson's estate are fighting an attempt by the insurers of the pop star's attempted comeback concerts to obtain his medical records.
Lloyd's of London filed suit against AEG Live and the Michael Jackson Company LLC in Los Angeles Superior Court on June 6.
Lloyd's wants a judge to declare it does not have to pay AEG's $17.5 million policy on grounds the insurers were not told the singer was taking drugs before he died June 25, 2009, at age 50.
The estate is not a party to the suit but has objected to a subpoena for Jackson's medical records, saying the information is confidential and protected by the physician-patient privilege.
Lloyd's issued seven deposition subpoenas for the records on July 12.
Two are directed at Dr. Arnold Klein, Jackson's former dermatologist, and Dr. Allan Metzgar, who once accompanied the entertainer on a concert tour in the 1990s and is a specialist in treating lupus.
Lawyers for the estate filed their objections to the subpoenas Aug. 5.
A hearing on their motion is scheduled Sept. 16.
Lloyd's lawsuit against AEG claims the company did not tell the insurer about the singer's medical history, "including, but not limited to, his apparent prescription drug use and/or drug addiction."
The company also alleges AEG did not disclose the star's use of propofol, an anesthetic that has been blamed for his death.
The singer allegedly received a dose of the powerful sedative from Dr Conrad Murray, who is scheduled to stand trial next month on a charge of involuntary manslaughter for allegedly not monitoring Jackson after administering the drug to help Jackson sleep.
MJ Estate files a cross complaint claiming MJ never intended to die, whether by homicide or not, so his death still qualifies as an accident.
Estate's reference to "accidental" is solely based on Insurance law and precedent cases which say this
An effect which is the natural and probable consequence of an act or course of action is not an accident, nor is it produced by accidental means. It is either the result of actual design, or it falls under the maxim that every man must be held to intend the natural and probable consequence of his deeds. On the other hand, an effect which is not the natural or probable consequence of the means which produced it, an effect which does not ordinarily follow and cannot be reasonably anticipated from the use of those means, an effect which the actor did not intend to produce and which he cannot be charged with the design of producing, it is produced by accidental means. It is produced by means which were neither designed nor calculated to cause it. SUCH AN EFFECT IS NOT THE RESULT OF DESIGN, CANNOT BE REASONABLY ANTICIPATED, IS UNEXPECTED, and is produced by an unusual combination of fortuitous circumstances; in other words, it is produced by ACCIDENTAL means.
2 main precedent cases are Western Commercial Travelers' Ass'n. v. Smith, 85 F. 401, 405 (C.C.A. 8 th Cir. 1898) and Railway Mail Asso. vs. Dent, 1914 (C.C.A. 8th) 213 F. 981