Kanye West

Kanye, Gaga, Beiber: Who is Financially Responsible When an Artist Cancels a Tour?

When a music artist cancels a tour for medical reasons, as Lady Gaga had to do in 2013 after suffering a labral tear on her hip, the tour is usually insured and the artist would not be responsible for the losses incurred for the cancellation. It makes sense in cases such as hers — Gaga’s shows feature heavy dancing, the experience wouldn’t be nearly as good if she sang while lying in traction, right? (Actually, note to Gaga, you can use that idea, I don’t think it has been done yet.) Touring insurance protects everyone, including the artist, from suffering huge financial losses when the reason for the cancellation is beyond the artist’s control.

But what about when an artist cancels a tour just… because? Justin Bieber recently announced that he would be canceling the remaining 14 dates of his Purpose tour, with one source saying the Biebs was just “over it.” In that case, an artist may face penalties due to the massive financial losses incurred from ticket refunds, plus all costs for promotion, marketing and advertising.

Kanye West is currently in the middle of a lawsuit that, to some, might seem to straddle these situations. Back in November, 2016, West canceled the final 21 dates of his Saint Pablo tour in 2016 and the cost of ticket refunds alone were upwards of $24 million. Two days after he canceled the tour, he checked himself into a psychiatric facility after suffering a breakdown which his own doctor called “a debilitating medical condition” that prohibited him from performing, yet West’s insurer, Lloyd’s of London, has not paid any claims out to West’s company, Very Good Touring, Inc. West is suing Lloyd’s for breach of contract and breach of good faith and fair dealing for upwards of $10 million.

West’s suit accuses Lloyd’s of London of not providing “anything approaching a coherent explanation about why they have not paid, or any indication if they will ever pay or even make a coverage decision, implying that Kanye’s use of marijuana may provide them with a basis to deny the claim and retain the hundreds of thousands of dollars in insurance premiums.” West also claims in his suit that Lloyd’s sought an independent physician to examine West to verify the claims of his mental health, and despite the fact that their doctor agreed with West’s primary physician, they continued to deny the claims. The suit essentially alleges that Lloyd’s continues to find provisions that will allow them to stall or deny payment.

As we all know, West is known for his controversial behavior onstage (and, sometimes, off) and in fact, just days before he cancelled his tour, he had been making erratic statements to the press and performing abbreviated shows, all of which ultimately led him to seek help.  Who determines the cause of his behavior and whether or not he should have continued performing his tour are two issues this case is sure to address. For an update on the case, click here. One thing for sure is that we are glad Ye is better.

 

 

Kanye Settles With Lloyd’s of London for Cancelled Tour, So Much for their Countersuit

Update: Kanye West has settled his lawsuit against Lloyd’s of London for an undisclosed amount. Despite the insurer’s tough talk, in light of the settlement, naturally the counterclaim will not be pursued further. PROOF’s original post about the countersuit is below:

Insurer Lloyd’s of London has responded to Kanye West’s $10 million lawsuit with a countersuit; they don’t believe they need to pay a dime for Kanye’s claim stemming from his canceled Saint Pablo tour.

Kanye’s production company, Very Good Productions, sued Lloyd’s on August 1, claiming that the insurer was dragging its feet on Kanye’s claim for damages resulting from his cancelled 2016 tour dates.

 

Kanye suffered a very public mental breakdown in November of 2016, when a rambling and incoherent performance at a November 19, 2016 concert in Sacramento, California led to the tour being canceled and him being hospitalized in a psychiatric ward. He spent 8 days at UCLA Neuropsychiatric Hospital Center, and according to his suit, he is still under the care of the primary physician who treated him there.

On November 23, only four days after the initial public meltdown, Very Good filed a claim with Lloyd’s, after claiming to have paid the company “hundreds of thousands” of dollars for its insurance services.

Despite three other insurance companies paying the claim promptly, Very Good claims that Lloyd’s dragged its feet and required the production company to jump through a number of hoops, and eight months went by with no decision on the claim. They allege that Lloyd’s implied “that Kanye’s use of marijuana may provide them with a basis to deny the claim.” They also accuse Lloyd’s of planting confidential information with the press, violating a non-disclosure agreement. Moreover, Very Good claims that an independent doctor hired by Lloyd’s to evaluate West concurred that he was medically unable to complete the tour. This evidence is key.

On August 29, Lloyd’s filed a countersuit, claiming that there are “irregularities” in Kanye’s medical history, and accusing Very Good of not being cooperative. They also allege that Kanye could have prevented the breakdown and pointed to insurance exclusions based on pre-existing psychological conditions, use of illegal substances and incorrect use of prescription drugs, though they did not specify in detail what triggered the claim denial. So Kanye has a fight on his hands.  That’s the key then for Kanye–he is going to have to identify, collect and present that strong evidence in his favor so that he can refutes Lloyd’s claims and their benefits denial.

This isn’t the first time that an insurance company has denied a star’s tour cancellation claim. In 2005 Britney Spears canceled her Onyx Hotel due to a knee injury that required surgery, and submitted a claim for approximately $10 million. Seems fair right? Well, not so fast. The insurance company claimed that her knee was initially injured on the set of a 1999 music video shoot, and said Spears didn’t disclose it on her insurance application so they denied her claim.

Likewise, a 2008 Linkin Park tour was cancelled due to the back injury of its lead singer, the late Chester Bennington, but the insurance company, also Lloyd’s of London, refused to pay, alleging Bennington failed to disclose other health problems on his medical history.

Concerts are big money and cancelled concerts lead to big damages that’s why insurance is underwritten in the first place. Given what we know about Kanye and Lloyd’s we don’t expect either party to go away quietly. And though we sometimes are not on Kanye’s side (loyalty to T Swift, maybe?) we have to say on this one we are–if he has the medical evidence to support the cancellation he is entitled to be compensated.

And so it goes, Kanye West gets the insurance money he is due. Given what many of us knew about West and his behavior at the time, this is probably the right decision. But, more than anything, Kanye clearly had the evidentiary proof he needed.

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