Michael Jackson's Estate fights the insurance company's attempt to not pay

15/08/2011 11:03

 

The Estate of Michael Jackson is fighting an attempt by Lloyd's of London, the insurance company for This Is It Tour, to obtain Michael Jackson's medical records, as it doesn't want to pay out.

michael-jackson-announcement

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 Michael Jackson was taking drugs, included propofol, and also alleges AEG did not disclose Michael Jackson's use of propofol.

Lawyers for the Estate have objected to a subpoena for Jackson's medical records on August 5, 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 Jackson on a concert tour in the 1990s and is a specialist in treating lupus.

Lloyd's lawsuit against AEG claims the company did not tell the insurer about Michael Jackson's medical history, "including, but not limited to, his apparent prescription drug use and/or drug addiction." Although in the autopsy report the coroner stated that there is no trace of any type of drug abuse.

In a first moment, Lloyd's of London company claimed it would not have paid only in the case that Murray had been convicted, and now insists the policy "was restricted to losses resulting from accident only," pointing out Michael's official cause of death was "homicide."

After the suit filed on June 6, Howard Weitzman, the lawyer for the Estate, said: "This legal action is nothing more than an insurance company trying to avoid paying a legitimate claim by the insured".

Now, the Michael Jackson Estate is filing a cross-complaint which includes the request for "punitive damages," specifying that Michael Jackson never intended to die, whether by homicide or not, so his death still qualifies as an accident.

A hearing is scheduled on September 16.