Re: Let´s see realistic : They should cancel the tour
Date: May 25, 2006 02:54
Here's how its gonna go down. The tour is insured, huge costs have already been incurred, and millions are at stake. The doctors will make a determination as to if and when Keith is medically cleared to continue. Guaranteed there will be insurance company doctors involved in making the determination. Once the insurers feel comfortable that they are on firm ground regarding Keith's physical condition, they will then take the position that the tour should continue, so as to minimize losses, and that postponed dates be made up if feasible, and will further take the position that they are not responsible for further losses that could have been mitigated. The insured has a duty to mitigate damages. This is insurance law 101. In this instance, I am guessing that the insured is Cohl, and I am also guessing that there is an indemnification provision in the Stones & Cohl's contract. The bottom line is that if Keith is cleared to tour, and they don't, someone other than the insurer is out a lot of money.