Awhile back, Metallica filed a lawsuit against insurer Lloyd’s Of London after the company allegedly refused to cover losses they suffered after their South American tour was cancelled due to the COVID-19 pandemic. Now, according to Billboard, a California judge has ruled against the band.
As previously reported, Metallica made the complaint after their “cancellation, abandonment and non-appearance insurance” policy was denied due to a policy that excludes communicable diseases. The group said that the decision was “an unreasonably restrictive interpretation of the policy” and that the company had breached their contract.
The group also 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.” This includes “travel restrictions, the duty to mitigate damages, the need to ‘flatten the curve’ and stay-at-home orders.”
However, Los Angeles Superior Court Judge Holly J. Fujie has since ruled the following:
“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.”
The band were previously seeking unspecified damages and a declaration of the rights and obligations of the parties.