In the latest legal clash over pandemic insurance coverage for the live music business, Metallica takes a loss.
Holly J. Fujie“The travel restrictions which caused the concert cancellations were a direct response to the burgeoning COVID-19 pandemic,” the judge wrote. “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.”
But Judge Fujie was similarly unswayed, ruling that the Metallica policy’s language “does not require that the policyholders [themselves] feel fearful or threatened.” The biggest such case in the music industry is a sweeping lawsuit filed by Live Nation, seeking coverage from Factory Mutual Insurance Co. for more than 10,000 shows that were canceled or postponed during the pandemic.
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