According to a report from BusinessInsurance.com, a Los Angeles state court refused to dismiss the pandemic event cancellation litigation filed by Metallica despite a virus exclusion from its coverage.
The California Superior Court ruled in Frantic Inc. v Certain Underwriters at Lloyd’s et. Al. That he could not dismiss a lawsuit regarding a canceled South American tour at this early stage of the litigation because an “immediate cause” has not been established as to the cause of the loss at issue.
Metallica began an eight-show tour starting with two performances in San Francisco in September 2019. These were to be followed by six shows in South America, the first of which was scheduled for April 15, 2020, in Santiago, Chile. South American shows have been postponed due to the pandemic halt.
The group sued Lloyd’s underwriters after they refused to cover the deferrals, accusing a breach of contract and a tort violation of the implied commitment of good faith and fair use.
While Lloyd’s argued that the pandemic caused the cancellations and therefore should prevail due to the exclusion of viruses from the policy, Metallica argued that Lloyd’s “cannot conclusively state that the pandemic is the effective immediate cause of cancellations as there are other sufficiently presumed causes that are covered by the policy, ”said the ruling.
Metallica attorney Jeffrey Schulman, partner of Pasich LLP in New York, said the fact that concerts and professional sports are played with fans in the seats, while “the virus is still pretty much there.” , contradicts the argument that he caused the cancellations.
Read the full report here.
Metallica has released an official live video of “Moth Into Flame,” filmed at the Louder Than Life Festival in Louisville, KY on September 24. Take a look below:
Watch “Ride The Lightning” from the same show: