December 15, 2021
From an insurance coverage standpoint, what will be the main issue(s) for
Travis Scott and Live Nation in the wake of the Astroworld tragedy?
“Of course, the intent of Travis Scott and how that impacts his own insurance coverage will be a significant issue in the Astroworld coverage litigation. But, resolution of that issue will drive other significant issues, such as priority of coverage. It will be difficult for the carriers to assess their exposure until they understand where within ‘the tower’ (so to speak) they fall.” -Kathryn Whitlock, Senior Partner, Hawkins Parnell & Young, LLP. CLM Member since 2014.
“The first legal hurdle will be navigating the convoluted web of indemnification clauses and who was truly added as an additional named insured. The large number of defendants likely guarantees that just the process of determining which policies are in play will be lengthy.” -Avery Barrett, Manager of Risk & Safety, On the Border. CLM Fellow since 2019.
“Nothing can undo the tragic events at the concert. The parties involved need to candidly assess not only what happened, but also how and why it happened. This must be done without any deflection of responsibility. Only then can there be a productive determination of what changes must be made to avoid such tragedies in the future."-Thomas Glassman, Attorney, Bonezzi Switzer Polito & Hupp. CLM Member since 2012.
“There are currently several hundred potential plaintiffs claiming damages from this tragedy. It has been reported that the concert venue has $1 million in primary liability coverage and $25 million in excess coverage. Due to the number of dead and injured, this is clearly not enough. There will be a huge push to identify other collateral entities that may have even the slightest of culpability for what transpired. What makes matters worse could be evidence of headline performers inciting aggressive or dangerous behavior that leads to punitive damages.” -Matt McColley, VP, Chief Claims Officer, KW Specialty Insurance Company. CLM Fellow since 2009.
Age range of the 10 victims.
Estimated number of attendees for Travis Scott’s performance at the Astroworld festival.
Number of deaths after a crowd surge during the show.
Source: Media reports