Metallica Loses Lawsuit Regarding Tour Losses As a Result of the COVID-19 Pandemic
A long-running legal battle between Metallica and insurance market company Lloyd’s of London recently came to a close after a California judge ruled in favor of the latter, absolving them of any losses that the band felt when they were forced to cancel six shows in 2020 because of the growing pandemic.
According to the original lawsuit, reported on by Billboard, which started up just weeks before the Metallica tour was supposed to kick off, the travel restrictions that were imposed in a bid to slow the spread of the virus forced the band to cancel their South American shows.
Metallica filed their complaint against Lloyd’s of London back in June 2020 with the Los Angeles Superior Court, stating that they were denied coverage under their standard “Cancelation, Abandonment and Non-appearance Insurance” policy. The band’s legal stance was that the company “cannot conclusively say that the Pandemic is the efficient proximate cause of the cancellations because there are other adequately alleged causes that are covered under the Policy,” specifically stating that the “travel restriction, the duty to mitigate damages, the need to ‘flatten the curve’ and stay-at-home orders all cause the Shows’ cancellations.”
In response to the lawsuit, Lloyd’s countered by saying they weren’t an insurance company, but rather that they oversee the market itself, making them the wrong target of a lawsuit in the first place.
“Lloyd’s is not an insurance company, it oversees and regulates a market of independent insurers. For that reason, we have no information on any specific policy or lawsuit and in any event are not authorized to comment on matters in litigation.”
Ultimately, Los Angeles Superior Court Judge Holly J. Fujle decided on November 30 that the pandemic was in fact the reason those shows were canceled and thus, the policy didn’t actually cover those cancellations.
“The travel restrictions which caused the concert cancellations were a direct response to the burgeoning COVID-19 pandemic. The evidence … demonstrates that the COVID-19 pandemic spurred the travel restrictions to South America and restrictions on public gatherings. The COVID-19 pandemic was therefore the efficient proximate cause of the concerts’ cancellations.”
It’s unknown at this time what Metallica was seeking in terms of damages, but that’s all moot now.
