Judge Cites Taylor Swift Lyric in Response to Metallica Insurance Lawsuit

MELBOURNE, AUSTRALIA - FEBRUARY 16: EDITORIAL USE ONLY. NO BOOK COVERS Taylor Swift performs at Melbourne Cricket Ground on February 16, 2024 in Melbourne, Australia. (Photo by Graham Denholm/TAS24/Getty Images for TAS Rights Management)

A California judge couldn't help but bring Taylor Swift into the mix when turning down another musician's request to proceed to trial.

On Monday, March 18, the state's Court of Appeal shot down a lawsuit filed by Metallica that sought for the band's insurance company to cover over $3 million lost as a result of six South American concerts that were initially postponed in 2020—and later canceled—as a result of the COVID-19 pandemic.

According to Billboard, Metalica submitted a loss of $3,234,569 to the insurer in May 2020, which included breakdowns like $184,996 in payroll to retain their crew members amid the lockdown. A month later, the company issued a response, pointing to a clause in their contract excluding any losses caused by “communicable diseases” from reimbursement.

In December 2022, the band's suit, seeking to compel reimbursement, was rejected. In an appeal, the band argued that a jury may find a non-COVID reason liable for the loss, but Justice Maria Stratton countered that we all know "All Too Well" what the reason for the cancellations was.

“[It's] absurd to think that government closures were not the result of Covid-19,” she said. “To paraphrase Taylor Swift: ‘We were there. We remember it all too well.’” The judge went on to point out the lack of vaccines and shortage of N-95s at the time, as well as more gruesome details, like the fact that New York City had to rely on refrigerated trucks as temporary morgues—something that certainly doesn't fade from memory with any sort of speed.

Metallica is far from the only one to be affected by the common clause, with other performers, venues, and businesses also seeking damages as a result of the months of travel and public gathering restrictions. According to the publication, plenty of cases in line with the band's have also been dismissed. However, one remains pending: a massive lawsuit from promoter Live Nation, which seeks coverage for over 10,000 shows, amounting to 15 million tickets, affected by the pandemic.

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