bouee;3841725 said:
He mentionned Michael was drunk in the mails, and he also said that later to Karen, according to her.
when you look to media report of the testimonies Phillips is saying he repated what Tohme told him.
Yes, i noticed that when I sorted the emails for the e mail thread. I included the insurance correspondance last week, and I noticed it became more pressing near the end.
I would like to know if it's standard practice not to be insured for illness less than 3 weeks before the shows. I would assume you want insurance coverage ASAP, for everything possible, before spending money.
as you pointed out cancellation insurance is very common. and yeah you would want to have full coverage but that's not always possible.
As far as I can see the media stories out about Michael's health - he had cancer etc. - made insurance companies worry and they wanted to do a detailed second medical and in person watching the show before they insure it.
I have friends that work in insurance, they do a risk calculation and they only offer coverage according to that risk figures. So media stories of sickness might have made them acting careful.
And not being insured + letting the costs go over the limits doesn't make sense. It would be good to know what assets Micheal used to guarantee the costs + advances, and what AEG knew about that.
We are talking about a multi billion dollar company. Sure a $34 Million loss would not be nice but it wouldn't bankrupt them. I would think AEG was more concerned about their reputation if the concerts did not happen than the $34 Million they might have lost.
Michael used the assets of Michael Jackson Company LLC which according to reports have some intellectual rights , royalty income.
bouee;3841785 said:
I think there are 2 explanations :
1- the one you gave (quoted)
2-Phillips thought/feared that Michael would not do the shows in London /shows would not have happened:
Anticpatory = something that happens/has happened earlier than expected OR something that will happen, and has not happened yet
http://www.mjjcommunity.com/forum/t...ummary/page2?p=3841553&viewfull=1#post3841553
This sentence supports my theory
Phillips said if MJ's lack of appearance caused production to not complete, show not open in London, MJ could be in breach of his contract. (ABC7)
also look to this
hillips replied, “This is why it is impossible to advance any $$$. He may, unfortunately be in anticipitory (sic) breach at this point.”
“And I thought it couldn’t get worse,” Kane wrote back.
“It could,” the CEO replied. “Kenny Ortega could quit.” (LATimes)
I think it is what was happening.
Ortega was hired as creative director. His job is to put the show together and once that is done his work is done. He's not there for the tour or concerts (as testified by Karen before).
So they had these dancers, musician, all these effects etc. that would be in the show. Obviously he wanted to put together a good job and he got worried more and more as Michael did not show up to rehearsals. He felt they wouldn't be ready. That's why he sent those emails about rehearsals. (you can also see this at TII, where MJ would stand, the cue, how Michael wants the music, how is he going to see the video on the background and so on, all of those needed practice). Gongaware said he wasn't worried because he knew when the moment came Michael would perform.
So then comes Phillips's email to Kane, perhaps by this time he talked to Ortega and he knew Ortega worried that the show would not be ready by opening date so he called it anticipatory breach. This comment about "Ortega can quit" also shows this to me. Ortega if he felt like he couldn't work with Michael and could not get the show ready, could have quit.
anticipatory breach said on June 20, is also showing that he doesn't think not attending rehearsals is a breach. He is saying he's anticipating a breach in the future - which means the concerts not being ready / not happening / not being good.