Music

Foo Fighters sue 'despicable' insurance companies over cancelled shows

by Richard Howard

Almost exactly a year ago, Foo Fighters frontman Dave Grohl fell off stage at a concert in Sweden, breaking his leg. Although he finished the show in what was likely the most badass move of his career, the band was forced to cancel seven subsequent shows (the rest of the tour was saved thanks to the amazing motorized throne Grohl designed while “high as a fucking kite”).

To thank the band for their dedication to preventing more cancellations, the insurance companies covering the tour have apparently been acting like, well, insurance companies in attempting to pay out as little as possible on the related claims. The Foos have had enough, though, and recently filed suit against a number of insurers.

Lloyd’s of London, a number of insurance companies and broker Robertson Taylor were named in the suit which alleges they have “failed to pay amounts that even they appear to recognize are due and owing” on insurance claims made in relation to the cancelled shows. After paying the amounts owed for four of the seven shows, the lawsuit charges “the insurers began searching for ways to limit their payment obligations on the other three performances.”

The companies claim that because the band eventually played ‘make-up’ concerts at the locales in question, these shows should be classified as ‘rescheduled,’ dramatically reducing the amount owed. According to the suit, the insurance companies failed to make the band aware this could be a consequence of booking the new shows:

“Robertson Taylor failed to adequately advise the band of the potential impact these additional shows could have on their claim for coverage… Specifically, 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.”

The lawsuit goes further to allege broker Robertson Taylor even engaged in underhanded tactics to screw the band over, requesting information “using the promise of a prompt payment as pretense,” all the while “quietly working [with the insurers] without consulting with or advising Foo Fighters” in a bid to reclassify the shows as postponed.

Amazingly, the Foo Fighters’ claim points to a completely separate instance where London Market Insurers are allegedly attempting to avoid paying out on cancelled shows. In the wake of last November’s horrific terrorist attacks in Paris the band cancelled performances in Turin, Italy, and Barcelona, Spain as well as two scheduled French performances. The band, whose website was hacked with a pro-ISIS message the day after the attack, says it has been met with resistance on the part of the insurance companies to providing coverage for the cancelled shows.

“Foo Fighters reasonably expected that the Terrorism Policy would provide them coverage for the four November 2015 performances, which were necessarily cancelled as a direct result of terrorism. 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.”

According to the Associated Press, the band further alleges Robertson Taylor advised the underwriters to pay only for the cancelled French dates despite ISIS releasing a video threatening additional attacks in Europe. The Foos are seeking damages, punitive damages to cover London Market Insurers’ and Robertson Taylors’ “despicable” conduct, and attorney’s fees.