Richter Says Metallica's COVID-19 Lawsuit Can Proceed – Enterprise Insurance
A Los Angeles state court has refused to dismiss lawsuits filed by heavy metal band Metallica for pandemic-related event cancellation, despite the fact that its coverage ruled out a virus.
The California Superior Court in Frantic Inc. v. Certain Underwriters at Lloyd’s et. al. that she could not dismiss a lawsuit about a canceled South American tour in this preliminary phase of the legal dispute because an "immediate cause" for the cause of the damage was not proven.
Metallica embarked on an eight-show tour in September 2019 that began with two appearances in San Francisco. Six shows were to follow in South America, the first of which was scheduled for April 15, 2020 in Santiago, Chile. The South American shows have been postponed due to the pandemic shutdown.
The band sued Lloyd’s underwriters after they refused to cover the postponements, accusing them of breach of contract and unlawful violation of the implicit contract of good faith and fair trade.
While Lloyd & # 39; s claimed the pandemic caused the cancellations and should therefore prevail due to the policy's virus exclusion, Metallic argued that Lloyd & # 39; s "cannot conclusively say that the pandemic is the efficient immediate cause of the cancellations is as there are other well-alleged causes covered under ". politics ”, it says in the judgment.
The complaint alleges "that travel restrictions, the duty to mitigate, the need to flatten the curve" and staying at home orders all caused the shows to be canceled, "the ruling reads.
The plaintiff argued that COVID-19 and SARS-CoV-2 "still exist, but that travel restrictions and restrictions on social gatherings have been lifted and relaxed, suggesting that more than just the virus / disease caused the cancellations" , it was said .
The complaint "has sufficiently asserted that the coronavirus disease / coronavirus is not the efficient immediate cause of the cancellations of the shows," reads the admission of the dispute.
Metallica attorney Jeffrey Schulman, a Pasich LLP partner in New York, said the fact that concerts and professional sports are being played with fans in the courts while "the virus is still pretty much here" undermines the argument that the Caused rejections.
Lloyd's lawyers did not respond to a request for comment.