Foos fight insurance underwriters and broker for cancellation pay out

July 2016

Live events sector


Billboard reports that the Foo Fighters have accused Lloyd’s of London and insurance brokers Robertson Taylor of ‘despicable’ behaviour in a lawsuit filed in Los Angeles, alleging they have “failed to pay amounts that even they appear to recognize are due and owing” on insurance claims the band made on several shows cancelled during its 2015 world tour.
The cancellations resulted firstly after Grohl broke his leg on June 12th, 2015, during a show in Sweden (a show that Grohl finished before going to hospital). The injury resulted in the cancellation of seven shows, three of which are at the core of the band’s complaint — two shows at London’s Wembley Stadium and one at Edinburgh’s BT Murrayfield Stadium. After his leg was treated, Grohl went on to perform 53 shows from the “throne” he designed (or crutches).
The complaint says: “After paying certain amounts owed under the Cancellation Policy for four of the cancelled performances, [the insurers] began searching for ways to limit their payment obligations on the other three performances, including the two Wembley Stadium shows, which represented the largest potential gross income” for the band’s tour.
The complaint continues,(insurance broker) “Robertson Taylor failed to adequately advise the band of the potential impact these additional shows could have on their claim for coverage” and that Robertson Taylor failed to adequately inform the band that, if it decided to add these shows to the Tour, the London Market Insurers would attempt to recharacterize the cancelled Wembley Stadium and BT Murrayfield Stadium performances” as being “rescheduled,” which would dramatically reduce the amount those insurers would owe in a claim.
The complaint also alleges that Grohl’s insistence on carrying out the tour saved insurers “tens of millions of dollars in claim payments” that would have been owed had they cancelled the entire tour.
The Foo Fighters also accuse Robertson Taylor of pressing the band for detailed information, “using the promise of a prompt payment as pretence” but that the broker was “quietly working” with the insurers it had hired, “without consulting with or advising Foo Fighters”
The second part of the complaint relates to four shows cancelled in the wake of the terrorist attacks in Paris last November — the first scheduled in Turin, Italy the day after the Paris attack, and the same day the band’s website was hacked with a pro-ISIS message by the group “Team System DZ.”  The band had a Terrorism Policy and “reasonably expected” this would provide them coverage for the four November 2015 cancellations. The complaint then adds “While [the insurers] have engaged in a seemingly never-ending series of requests for increasingly irrelevant information, particularly as to the necessity of cancelling the Turin and Barcelona performances, they have not provided Foo Fighters with any indication that they dispute coverage for the cancellation of the Paris, France and Lyon, France performances.”
“To date, seven months later, however, London Market Insurers have not paid or offered to pay a single penny of Foo Fighters’ terrorism coverage claim.”


No Comments

Comments are closed.