According to a report by Billboard, a California judge has ruled that Lloyd’s Of London is not liable to cover Metallica’s insurance claim for financial losses suffered when the band was forced to postpone six shows in 2020 because of the pandemic. The lawsuit stemmed from the cancelation of Metallica’s six-date tour of South America in April 2020 with Greta Van Fleet. Due to late 2020 COVID-19-related travel restrictions, the band postponed the dates. They would rebook and complete this tour in December of 2021.

According to Metallica’s complaint, which was filed in June 2020 in Los Angeles Superior Court, the band’s standard “cancellation, abandonment and non-appearance insurance” policy with Lloyd’s Of London was denied by the insurer, which cited the policy’s communicable disease exclusion. The lawsuit called the move “an unreasonably restrictive interpretation of the policy” and alleged breach of contract. Metallica argued that Lloyd’s “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.”

 

The complaint alleged “that travel restrictions, the duty to mitigate damages, the need to ‘flatten the curve’ and stay-at-home orders all caused the Shows’ cancellations.”

 

In a November 30 decision obtained by Billboard, Los Angeles Superior Court Judge Holly J. Fujie disagreed with Metallica’s arguments, writing: “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.”

https://www.billboard.com/pro/metallica-tour-insurer-wins-legal-fight-covid-cancellations/