So Michael Jackson’s tour company (or promoters or someone) took out an insurance policy for the BIG tour that isn’t. Tours cost lots of money up front and now ticket holders want refunds, the company has probably spent money on payroll for promoters, dancers, and has contracts with venues, etc. So it makes sense to have an insurance policy should the concert tour not come to pass.
I have no idea if this is true, but reports are that the policy does not cover concert cancellation due to “illegal” drug use or “illicit” drug use. So, here is the real-life law school question: If a licensed medical doctor prescribes and administers you a drug illegally without telling you it is an illegal use of the drug, have you illegally taken drugs?
The doctor should know that Propofol (or whatever) is not supposed to be administered in a home and without an oxygen saturation level monitor and all the other life saving stuff in case you go into a coma and die, but is it Michael Jackson’s responsibility to know that? Or rather, is it yours? You might imagine that MJ knew he had a drug problem (although denial is a big part of addiction), but if your doctor gave you a drug and administered it to you illegally but he did so in his professional capacity, were you taking illegal drugs?
For the record: I have no idea who knew what or if he really died of Propofol or if this or that doctor gave it to him legally or otherwise — I am interested in the question of the mitigation of your criminal liability when a drug is administered illegally by a licensed professional. And, does Lloyd’s of London have to pay? Great law school exam question. Opinions? What would constitute enough knowledge on MJ’s part to constitute mens rea?