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Wednesday, November 20, 2002

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Whose Insurance Bill Is It, Anyway?
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Whose Insurance Bill Is It, Anyway?

The homeland security bill isn't the only Bush-backed legislation that got approved yesterday, though you might not know it from the headlines. Often buried in homeland security articles was news of a terrorism insurance bill that passed the Senate 86-11. Under the new legislation, the government will pay for up to 90% of terrorism losses (to commercial insurers' 10%) in the event of another catastrophic attack. Hey, aren't Republicans supposed to stand for less government assistance, not more?

Don't think this is a favor to corporate lobbyists, implied both parties, it's for our blue-collar buddies whose construction gigs have been stalled by the high price and scarcity of insurance coverage. "Terrorism insurance will help get America's hard hats back on the job, create new jobs for America's workers, and spur billions in new investment in construction projects all across the country," said President Bush. White House spokesman Scott McClellan echoed the sentiment, right down to the "hard hats" synecdoche. Sen. Ben Nelson (D., Neb.) called it "a jobs bill" and Sen. Christopher J. Dodd (D., Conn.) intoned, "no security is ever final unless you've also dealt with economic security."

That's the spin, but not every outlet swallowed it. The bill's supporters "were unable to provide a list" of projects that had stalled due to terrorism insurance concerns. "Some economists and consumer advocates contended that insurance was just one of many reasons that construction and real estate companies and banks were struggling," said the New York Times. As for the claim that the insurance industry has taken a hit since Sept. 11, the AP reported that "the Consumer Federation of America says insurers reported a 66.4% increase in profits in the first six months of 2002." A USA Today editorial railed that "lawmakers are ignoring the facts" and should have passed more "modest" legislation drafted soon after Sept. 11, not the current "overly generous protections."

Even some who voted for the bill are unhappy with it, but for different reasons. The bill included a compromise that allows victims of terrorist attacks to seek punitive damages in lawsuits against companies and property owners. The AP and the Washington Post said Republicans hate punitive damages because trial lawyers like them, and trial lawyers also like Democrats. Well, as long as we're all judging things on their merits ...

Let's go back to the idea that the terrorism insurance bill is, as Treasury Secretary Paul O'Neill put it, "perhaps the single most important thing we can do to boost job creation in the short run." The Wall Street Journal seemed to differ. "Eager to go home Tuesday night, senators brushed aside last appeals for drought-stricken farmers," complained the Journal's terror insurance article, "and as Republicans continued to fight among themselves, there was growing concern that more than 800,000 U.S. workers could be cut off from federal unemployment benefits just days after Christmas." That's 800,000 people, sure, but how many lobbyists? -Jen Muehlbauer

Terror Insurance Bill Backed by Bush Is Passed
http://www.latimes.com/news/nationworld/nation/la-na-insure20nov20.story

Senate Passes Bill Limiting Insurers' Liability After an Attack
http://www.nytimes.com/2002/11/20/politics/20INSU.html

Terror Insurance Bill to Bush (Newsday)
http://tinyurl.com/2uvk

Two More Senate Victories for Bush
http://www.washingtonpost.com/wp-dyn/articles/A12425-2002Nov19.html

Terror-Insurance Bill Gets Senate Vote of Approval
http://online.wsj.com/article/0,,SB1037743805691339068,00.html
(Paid subscription required.)

House OKs Terror Insurance Bill (AP)
http://tinyurl.com/2uvl

Terror Insurance Loaded With Gifts
http://www.usatoday.com/news/opinion/2002-11-20-edit_x.htm

Synecdoche
http://newark.rutgers.edu/~jlynch/Terms/synecdoche.html

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Get Us Rewrite

Reporters favor high-concept tales as much as movie folks. You know, the story that can be explained in a few words. Boy-wizard-as-hero. James-Bond-for-the-20th-time. The business pages created a high-concept story today with BMG Entertainment's announcement that it's acquiring full the half of J Records it doesn't own already. BMG founded the label two years ago with famed music promoter Clive Davis. Media outlets gushed over a Clive-is-back angle, although he hadn't gone anywhere. As for whether it's smart business, we guess we'll have to wait for the movie.

The plan is to pair J with RCA Records and create the RCA Music Group. Davis will be chairman. Davis's young label has broken new artists like Alicia Keys, but the New York Times noted that the label spent so much money marketing Keys that her millions of record sales only got her to break even. What's the going price for a 50-percent stake in a record company with a mere one success to date? Reporters' estimates vary by a country mile. The Financial Times padded its account of the financial terms with this marshmallow: "BMG is thought to have paid less than $100 million." Way less, according to estimates by the New York Post ($50 million) and the New York Times ($20 million).

While media accounts recalled Davis' high-profile departure from BMG-owned Arista Records two years ago, they dwelled little on the circumstances of his boomerang back into business with BMG through J Records. Most outlets candy-coated yesterday's deal, casting it, per BMG's spin, as a sound way for BMG to consolidate its music holdings. But was it? If, as reported, BMG had foot the bill for the so-called joint venture, courtesy of a $150 million credit line, isn't the company merely spending more money to acquire total ownership in an enterprise it was already financing? The Associated Press was alone in teasing out a motive different from that offered by BMG, suggesting that the buyout may have been BMG's way of ending a financial sinkhole. BMG execs pooh-poohed that idea to Reuters, telling the wire service that J hadn't come closing to spending the $150 million.

The Los Angeles Times skipped the Davis announcement and instead reported that BMG is revising its royalty terms for music artists, basing their revenues on CDs' wholesale costs, rather than suggested retail price. The gist of the story? Artists won't get any more money, just clearer terms, or so says BMG. The Times went high with this quote from BMG Chairman Rolf Schmidt-Holt: "One reason this industry has ended up with such a bad image is that we could not look a guy in the eye and tell him, as a partner, that the contract he was about to sign was fair." - Deborah Asbrand

Clive Davis Returns to the Fold at BMG (Financial Times)
http://tinyurl.com/2utq

Davis Gets $50m To Return to BMG
http://www.nypost.com/business/62549.htm

BMG Buys J Records and Shuffles Executives
http://www.nytimes.com/2002/11/20/business/media/20BMG.html

Bertelsmann Buys Spinoff Label, Combines with RCA (Reuters)
http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=1771518

BMG to Roll Out Royalty Plan
http://www.latimes.com/business/la-fi-royalty20nov20,0,3290571.story

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Other Stories

Housing Costs Taking More of Family Budgets (AP)
http://tinyurl.com/2uvm

Budget Sanctions Hit Germany and France
http://news.bbc.co.uk/2/hi/business/2492339.stm

Home Depot: Stock On A Hot Tin Roof
http://money.cnn.com/2002/11/19/markets/hdvslow/

Christian Group Asks: 'What Would Jesus Drive?' (Wall Street Journal)
http://www.msnbc.com/news/837084.asp

Gates Defends Investments (Financial Times)
http://tinyurl.com/2uux

Large Cable Operator to Restate Its Results for 2000 and 2001
http://www.nytimes.com/2002/11/20/business/media/20CABL.html

Jesse Helms: Web Radio's Hero
http://www.salon.com/tech/feature/2002/11/19/helms_web_radio/

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Staff
Written by Deborah Asbrand (dasbrand@world.std.com), Keith Dawson (dawson@world.std.com), Jen Muehlbauer (jen@englishmajor.com), and Lori Patel (loripatel@hotmail.com).

Copyedited by Jim Duffy (jimduffy86@yahoo.com).

Editor and publisher: Jimmy Guterman (guterman@vineyard.com).

Media Unspun is produced by The Vineyard Group Inc.
Copyright 2002 Media Unspun, Inc., and The Vineyard Group, Inc.
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