Judge Says Metallica’s COVID-19 Trial May Continue
A Los Angeles state court has refused to dismiss the pandemic event cancellation litigation filed by heavy metal band Metallica despite a virus exclusion from its coverage.
The California Superior Court ruled in Frantic Inc. v. Certain Underwriters at Lloyd’s and. 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 police, Metallic 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.
The complaint alleges “that travel restrictions, the duty to mitigate damage, the need to” flatten the curve “and stay-at-home orders have all caused the show cancellations,” according to the ruling.
The complainant 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 it was something more than the virus / the illness that caused the cancellations, ”he said. .
The complaint “adequately alleged that the coronavirus disease / virus is not the effective immediate cause of the show cancellations,” he said, allowing the litigation to continue.
Metallica attorney Jeffrey Schulman, partner of Pasich LLP in New York, said that 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 it caused the cancellations.
Lloyd’s lawyers did not respond to a request for comment.