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  1. #1
    Dean 4000 PLUS POSTER Grant's Avatar
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    insurance subrogation

    Anheuser-Busch, R.I. beer co. offer $21M in club fire
    PROVIDENCE, R.I.

    Anheuser-Busch Inc. and a distributor have offered $21 million to settle lawsuits brought by survivors and family members of those who died in a 2003 nightclub fire that killed 100 people, according to court papers filed Friday.

    More than $120 million has now been offered to victims of the Feb. 20, 2003, fire at the Station nightclub in West Warwick, including past settlements with Home Depot, Clear Channel Broadcasting, and fireworks makers.

    The St. Louis-based Anheuser-Busch and its Cranston, R.I.-based distributor, McLaughlin & Moran, did not admit wrongdoing. They were named in the lawsuits because survivors said they promoted the concert.

    Under terms of the settlement, Anheuser-Busch would pay $5 million and McLaughlin & Moran would pay $16 million.

    The settlement is subject to approval by the hundreds who have sued.

    The nightclub fire began when pyrotechnics used by the rock band ignited flammable soundproofing foam on the club's walls and ceiling. More than 200 people were injured.
    Grant Mogford


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  2. #2
    Greaser of the Year Professor with Tenure HotShot_Anthony's Avatar
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    that is absolutely sickening. The lawyers for the so called "victims" should be hanged!!! What the hell do the beer company, Clear Chanel and Home Cheapo have to do with idiots starting fires? My goodness.

  3. #3
    Member Associate Professor BUNN's Avatar
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    I agree Ant, that is rediculous!
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  4. #4
    Dean 4000 PLUS POSTER Grant's Avatar
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    Does everybody have a waiver of subrogation clause on their contracts?
    Grant Mogford


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    The views I express on this website are those of mine alone and do
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  5. #5
    Greaser of the Year Professor with Tenure HotShot_Anthony's Avatar
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    yeah, if they sign a contract. If they don't want to sign the contract, it's not on my invoice...Should I put one on there too? Do you one we could use Grant?

  6. #6
    2500 PLUS POSTER mbryan's Avatar
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    Always put one on your invoice and make sure they sign it.

  7. #7
    Greaser of the Year Professor with Tenure HotShot_Anthony's Avatar
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    Do you guys have an example that we could use?

  8. #8
    Exterior Restoration Specialist 21000 PLUS POSTER Ron Musgraves's Avatar
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    Quote Originally Posted by HotShot_Anthony View Post
    Do you guys have an example that we could use?
    They have it i'm sure. Will they Share it?

    I'm thinking you already got it by e-mail.

    Grant, Great posts!

    i'm truly not surprized, I see the promotions company being responsible and they are going for the deepest pockets.

    Clear channel I bet has a safety team at all events, what happened here?

    I know promotions GM's and they know all details and they have fire equipment ready at any shows with this type of entertainment.

    I also see why bud and the other supporters are being draged into this.

    I saw that one on a tV show, those ceilings where low. That egg grate stuff goes off like a bomb.

    I personally see how all involved failed on all levels. Crowd control and public safety should be everyone responsiblity.

    I would say owner of venue, promotions and they take her down hill from there.


    Great Lesson,

    OK, if you have a fire from neglect or even improper cleaning. whats the chain of responsible partys?
    Ron Musgraves

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  9. #9
    2500 PLUS POSTER mbryan's Avatar
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    These are from a law office called Cozen O'Connor http://www.cozen.com/
    Attached Images Attached Images

  10. #10
    Exterior Restoration Specialist 21000 PLUS POSTER Ron Musgraves's Avatar
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    Quote Originally Posted by mbryan View Post
    These are from a law office called Cozen O'Connor http://www.cozen.com/
    Thanks for sharing Matt
    Ron Musgraves

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  11. #11
    2500 PLUS POSTER mbryan's Avatar
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    Some more here. The whole presentation is about 60 megs but I can take some more out if anyone is interested

    http://picasaweb.google.com/greasepolice/Subrogation

  12. #12

  13. #13
    Dean 4000 PLUS POSTER Grant's Avatar
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    4. Waiver of Subrogation; Indemnification: Customer waives on its own behalf, and on behalf of its insurer, the right to subrogate against Flue Steam. Customer shall defend, indemnify and save harmless Flue Steam, its employees and agents, sub-contractors for and against all third party claims, lawsuits, and losses alleged to be caused by Flue Steam’s performance, negligent performance, or failure to perform its obligations under this agreement. It is understood and agreed by the parties hereto that Flue Steam is not an insurer and that insurance, if any, covering personal injury and property loss or damage on Customer’s premises shall be the responsibility of and obtained by Customer.
    Grant Mogford


    Since 1971
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  14. #14
    Dean 4000 PLUS POSTER Grant's Avatar
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    Mine is the appropriate language for California, you should have your own attorney make modifications for your state.
    Grant Mogford


    Since 1971
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    310-636-8361 x 203

    The views I express on this website are those of mine alone and do
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  15. #15

  16. #16
    2500 PLUS POSTER mbryan's Avatar
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    Definitely consult a lawyer on an issue like this. These days lawyers are cheap, you can get advice online for a fraction of what it will cost to go to some high powered private practice.

    The stuff I posted comes from one of the best law firms in the fire subrogation industry, I personally know of two cases they have been involved in and they don't pull any punches. I had to sit across the table from one of their lawyers a couple of months ago and it was not fun, these guys know NFPA 96 like the back of their hands.

    So it is clear to every kitchen exhaust cleaner out there, it does not make one sh!t of difference how well you do your job, how much evidence you have that you did it well or how much paperwork you have documenting deficiencies in your customers exhaust system; if they have a fire starting on or near their cooking equipment YOU WILL BE DRAWN IN TO THE LAWSUIT.

    So have all of your ducts(sp) in a row, do a great job, take pictures of every job and document everything. I took a picture of a greasy electrical box next to a hood last week, it had nothing to do with us, but it is documentation in case they have a fire.

    If you do these things, you will have the ammunition you need to fight a lawsuit against you. I am not saying you will be at fault, but the insurance company does not care who's fault it is, they just want their money back.

  17. #17
    Exterior Restoration Specialist 21000 PLUS POSTER Ron Musgraves's Avatar
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    no one anwered my question, who do they go after? what order?
    Ron Musgraves

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  18. #18
    Greaser of the Year Professor with Tenure HotShot_Anthony's Avatar
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    Great info Matt. Would somebody like legalzoom.com be able to draw something up like this for us? I'm sure Grant's is sufficient so we could probably copy it (if it's ok with him), but it would be nice to make sure if it were cheap enough.

  19. #19
    JL Pressure Washing 3000 PLUS POSTER jlpressure's Avatar
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    Quote Originally Posted by Ron Musgraves View Post
    no one anwered my question, who do they go after? what order?
    I dont know an order but in almost any lawsuit they go after EVERYONE.

    I had one lawsuit in my life. I was hurt really bad on a job accident, a train came through my hanging containment from a bridge overpass that we were sandblasting and I fell 20+ feet and was broken up pretty bad.

    Once I knew there was going to be a lawsuit by me I asked the lawyers who is going to be sued and they said everyone large & small that had to do with the project. The suit went to arbitration and the day the arbitration started, there was 10 different entities/companies at the table, including workers Comp who wanted some of their money back

    I was not one to sue anyone and had passed on 3 different lawsuits in my life, but this time there were some major mistakes made and I thought at the time I might never have use or even close to full use of my right hand, plus the pain i had for close to two years and still some to this date. this suit was in 1995

    some companies were indemnified, but they were still at the table, I will tell you everyone of those companies paid something in the final settlement, it was either that or they may have to pay a lot more in lawyer fees and possibly more at a final settlement. I will tell you it was an intersting arbitration, the arbitraitor was something to watch him work. You have to protect yourself because when something happens they are coming after you even if you really didnt haveanything to do with it. Therewas a company that really had nothing to do with the accident and only was paid 5K for the work on plans/scope for the project and they paid too. They will go after EVERYONE

    I have learned a lot from this thread and thank you, I have nothing like this in my contracts and will be talking to a lawyer. I can't continue to just hope i wont get sued someday. Thanks, these BB's are great. I will be protecting my company with the info i have learned from this thread

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