A court in Los Angeles has refused to dismiss pandemic-related disputes over the cancellation of events filed by the heavy metal band Metallica despite the virus being excluded from its coverage.
California Superior Court was held in Frantic Inc. v. Some Underwriters at Lloyd & # 39; s. al. that it could not dismiss a lawsuit for a canceled South American tour at this initial stage of the disputes because no "related cause" has been established as to what caused the loss.
Metallica embarked on a tour of eight shows that began with two performances in San Francisco in September 2019. They were to be followed by six shows in South America, the first of which was scheduled for April 1
The band sued Lloyd's guarantees after they refused to cover the suspensions, prosecutions and tortious violations of the implied agreement of good faith and fair trade.  While Lloyds claimed that the pandemic caused the cancellations and therefore it should win due to the policy exclusion of viruses, Metallic claimed that Lloyds "can not say definitively that the pandemic is the effective closest cause of the cancellations because there are other sufficiently alleged causes covered. according to the policy, "the verdict said.
The complaint claims" that travel restrictions, the obligation to mitigate damages, the need to "flatten the curve" and domicile orders all caused the show's cancellations ", the verdict said.
The plaintiffs claimed that COVID-19 and SARS-CoV-2 "still exists but that travel restrictions and restrictions on social gatherings have been lifted and eased, suggesting that it was something more than just the virus / disease that caused the cancellations," it said.
The complaint "has sufficiently stated that the coronavirus disease / virus is not the effective immediate cause of the exhibitions" cancellations, "it said in allowing the disputes to continue.
Metallica lawyer Jeffrey Schulman, partner with Pasich LLP in New York, said that concerts and professional sports are played with fans on the spot, while "the virus is still largely here," underlining the argument that it caused the cancellations.
Lloyd's lawyers did not respond to a request for comment.