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Hard Rock/Metal Band Manager Sues Travelers for Liability Coverage and Bad Faith Over Stage Dive Lawsuit - Insurance Coverage

Insurance Coverage

Posted on: Aug 27, 2019

By Jon Noyes, Wilson Kehoe Winingham

After Megan Osborne and Miranda Stirling were rocked by stage diving concert goers during respective hardcore punk concerts, they each sued band manager, Good Fight Entertainment, LLC, for negligence. Good Fight sought coverage for the lawsuit, but it could get no satisfaction from its insurer, Travelers Insurance, which denied coverage. Travelers relied on a “Described Work Exclusion Endorsement,” a provision that disclaims coverage for injuries resulting from “live performances, appearances, special events, and/or motion picture/video production.” At first, Good Fight believed there was a communication breakdown and appealed the decision. However, after Travelers would not back down, Good Fight turned it to eleven and sued Travelers for bad faith.

Good Fight asserts that it was already gone when the concerts began and the stage dives occurred. That ripple, it argues, changes the analysis. Good Fight was not doing any live performance work and any claims against it could not result from a performance. Travelers has not yet answered the complaint, but this lawsuit may make some noise for managers, booking agents, and other behind-the-scenes who are sued for injuries occurring during a concert.

Good Fight Entertainment, LLC, v. St. Paul Fire & Marine Insurance Company is filed in the New Jersey District Court, 3:19-cv-15811.

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