[Dixielandjazz] Re: insurance

[Robert S. Ringwald]

 Oops, did it again, sent this without changing address to DJML.




> Remember, often in fact most of the time now, musicians are hired as
> independent contractors.  As such, the club or venue is not necessarily
> obligated to cover independent contractors in their insurance.
>
> --BR
>
>
>
>
> ----- Original Message ----- 
> From: <TCASHWIGG at aol.com>
> To: <dixielandjazz at ml.islandnet.com>
> Sent: Sunday, July 11, 2004 9:54 PM
> Subject: Re: [Dixielandjazz] Re: insurance
>
>
> > In a message dated 7/11/04 5:38:06 PM Pacific Daylight Time,
> > ds.augustine at mail.utexas.edu writes:
> >
> > >
> > >    Hey!  Down here!  Yes, AFTER the message! (Whew...)
> > >    What about putting the shoe on the other foot?  What if your
> > > sousaphone (unlikely enough) sustained major life-threatening
> > > injuries from the fan (circular rotating, not square folding-chair
> > > sitting)?
> > >    Your point is a good one, and i think insurance is a good option.
> > > But are musical venues required to (or should they) carry insurance
> > > also for injury to persons or instruments?  Is it gig- (and/or
> > > alcohol-) induced folly to contemplate such an eventuality?
> > >
> > >    Dan
> > >
> > > (whose sousaphones take their own chances)
> > >
> >
> > Well, for what it's worth guys, and probably not much in our cockamamie
> world
> > of non reality and always pass the buck if you possibly can.
> >
> > Insurance for the patrons and employees of ANY business is a legitimate
> > business expense for the proprietor and it should be covered fully in
his
> own
> > Liability policy, Period.
> >
> > Forcing employees to pay for additional insurance is just plain BS, we
> > started seeing this kind of pass the buck crap when the Liability
> Insurance rates
> > skyrocketed a few years ago for events and Chambers of Commerce and
Cities
> etc.
> > Many cities in the USA opted out of the Liability Insurance premium
> purchase
> > game, and started a process known as Self Insured, which meant that they
> > simply said we have enough money to take the chance and defend ourselves
> in the
> > unlikely event that anybody really does sue us for something.
> >
> > At the same time they in their inherently passed on wisdom from their
> lawyers
> > started requiring all the little guys to purchase individual and
separate
> > Liability insurance policies and name them as additional insureds
against
> any
> > possible lawsuits for damned near anything.
> >
> > such as, if an attendee drinks too much in the hot sun and eats at a Bar
B
> > Que stand and then gets sick and wants to sue the city for food
poisoning
> the
> > liability is simply passed down to the Bar B Que stand, if he gets
> involved in a
> > traffic accident on the way home from the event and is cited for drunk
> > driving they simply sue the local Rotary or Lions Club who allegedly
sold
> him the
> > beer that got him drunk and on an on and on, causing tremendous
litigation
> for
> > his persistent lawyers looking for the deepest pockets to extract some
> money
> > from.
> >
> > Now as for the guy who caught Richard Steven's wayward Fan Blade,  did
he
> at
> > least come up and ask for your autograph on it, Hell that was a
Happening
> and
> > worthy of your suing him for royalties for all the stores he told about
> the
> > incident the rest of his life, and God forbid he wrote about it in a
Book
> and
> > did not give you credit for doing it.
> >
> > Good God! Richard find the dude and sue him, you may have retirement
> income
> > coming, :)))
> >
> >
> > I once broke a drumstick during a show and a portion of it flew out into
> the
> > audience and hit some guy on the forehead, he was upset for a minute and
> came
> > up to the band stand with it in his hand shouting that I should be more
> > careful because I could have put his eye out with that stick.  I assured
> him that I
> > was an expert at broken stick placement and that if I had actually
> intended to
> > hit him in the eye I damned sure would have done so, and that I was only
> > trying to get his attention and make him stop talking so loudly that he
> was
> > disturbing the other patrons who were trying to listen, I also explained
> to him that
> > life is unfair and SHIT Happens, today must have just been his lucky
day,
> and
> > he should have been grateful that is just a little bad Shit that
happened
> to
> > him, I mean man you didn't get hit by a fast moving train or anything
life
> > threatening,  he laughed his butt off and asked me to autograph the
> drumstick for
> > him as a souvenir,  I was all too happy to do so and signed Buddy Rich's
> name
> > to it.   So sue me I need the publicity.   And yes Buddy had been dead
for
> at
> > least three years by then.  :))
> >
> > Now before any of you get stirred up over my sense of humor, be assured
> that
> > if the man had actually been injured other than his pride I would have
> been
> > the first one off the bandstand to go to his aid and get him immediate
> medical
> > attention and would also have paid for it if I had caused the problem
and
> > injury.  However I do have four drummers in the band and I would have
> found a way
> > to blame it on one of the other guys, :))  Upon the advise of my
attorney
> of
> > course, and he would have been justly disciplined and never shown up in
> the band
> > lineup again in that State. :))    Especially after I proved that he had
> > actually thrown the stick at me and missed.  :))
> >
> > Cheers,
> >
> > Tom Wiggins
> > Just as happy as if I had good sense.
> > _______________________________________________
> > Dixielandjazz mailing list
> > Dixielandjazz at ml.islandnet.com
> > http://ml.islandnet.com/mailman/listinfo/dixielandjazz
> >
>