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<i><b>When the Show Can't Go On</i></b> Seeking Insurance Recovery for Concert Cancellations

By Robert I. Steiner, Richard D. Milone and Elizabeth C. Johnson

Concert tours can generate significant income for an artist. Yet every concert tour carries a risk that some event outside of the artist's control ' health issues, physical injuries, adverse weather or safety concerns, to name a few ' could force the cancellation of a single show or even an entire tour, thereby resulting in lost revenue to the artist and unrecoverable costs. To protect against this risk, many performance artists elect to obtain event cancellation and/or non-appearance insurance (which may be covered under the same or separate policies) prior to going on tour. This insurance coverage often covers financial losses, including lost guaranteed income, that result from cancellation of the event.

When a show or tour is cancelled because the artist is not able to perform, however, insurers may claim that the cancellation is not covered under the insurance policy for any number of reasons. Thus, holders of event cancellation policies should be aware of some basic tenets of insurance law to be better prepared to respond to an insurer's denial of coverage.

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