Kanye West |
"Nor have they provided
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 paid by
Very Good," states a complaint filed on Tuesday in California federal
court.
"The stalling is emblematic
of a broader modus operandi of the insurers of never-ending post-claim
underwriting where the insurers hunt for some contrived excuse not to
pay."
West originally planned a
"Saint Pablo Tour" consisting of 38 events between Aug. 12 and Nov.
2. His managers reached out to Lloyd's to get "peace of mind" in case
cancelations needed to occur.
West made most of the concert
dates but was forced to cancel two concerts when his wife, Kim Kardashian, was
robbed at gunpoint in Paris, France on Oct. 2, 2016.
Thanks to the success of the
tour, though, additional dates were arranged. The second performance during
this leg of the tour is where everything started to fall apart.
In San Jose, West told the crowd,
"I said something that was politically incorrect. I told you I didn't
vote, but if I were to have voted, I would have voted for Trump."
He was booed.
Two days later, West appeared for
a concert in Sacramento and launched a 15-minute tirade about various public
figures, including Beyonce ("I
was hurt 'cause I heard that you said you wouldn't perform unless you won Video
of the Year over me"), Jay Z ("I know you got killers. Please don't
send them at my head") and Hillary Clinton ("This Saint Pablo tour is
the most relevant [thing] happening. If your old ass keeps following old
models, you'll be Hillary Clinton").
West's lawsuit addresses this
latter concert and notes the "strained, confused and erratic"
behavior in Sacramento, as well as the decision made the following day to
cancel the balance of the tour and issue full refunds. He was soon hospitalized
at UCLA, and the insurance companies were informed and later provided with
sworn testimony from his primary physician there that West suffered a
debilitating medical condition that required he not tour.
But that wasn't good enough for
the insurance companies, to pay him his claims, according to the suit.
"Almost immediately after
the claim was submitted, Defendants selected legal counsel to oversee the
adjustment of the claim, instead of the more normal approach of retaining a
non-lawyer insurance adjuster," states West's complaint. "Immediately
turning to legal counsel made it clear that Defendants' goal was to hunt for
any ostensible excuse, no matter how fanciful, to deny coverage or to maneuver
themselves into a position of trying to negotiate a discount on the loss
payment."
West's court papers reveal the extent
to which he has been attempting to convince the insurers that his mental
breakdown was indeed real.
"While Kanye was still under
medical care for his disabling condition, the Defendant syndicates demanded
that Kanye submit to an immediate IME," states court papers,
referring to an independent medical examination. "Kanye was made
available for a purported IME by a doctor, hand-selected by the
insurers' counsel, who was predisposed to look for some reason to deny the
claim. Yet even Defendants' selected doctor had to admit
that Kanye was disabled from being able to continue with the Tour. As
demanded by the insurers, Kanye was also subsequently presented for an
examination under oath ("EUO"), and at least eleven other persons affiliated
with Kanye and Very Good were similarly presented
for EUOs."
The new lawsuit accuses the
insurers of leaking private information regarding the singer to news outlets.
"Plaintiff is informed and
believes that the 'planting' of the Confidential Information with news
outlets... was part and parcel of Defendants' efforts to impair Plaintiff's
rights to the indemnity payments due under the Insurance Policies," states
the complaint, which nods to a non-disclosure agreement between the parties.
And so West has filed a
lawsuit alleging breach of contract and breach of good faith and fair dealing
against the various entities including Cathedral Syndicate.
As West's lawyer Howard King
writes, "Performing artists who pay handsomely to insurance companies
within the Lloyd's of London marketplace to obtain show tour 'non-appearance
or cancellation' insurance should take note of the lesson to be learned
from this lawsuit: Lloyd's companies enjoy collecting bonteous premiums; they
don't enjoy paying claims, no matter how legitimate.
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