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Limp Bizkit's Insurance Headache
Limp Bizkit could have to cough up some serious bread if the band's insurance company gets its way.
United National Insurance Company, whose Pennsylvania-based subsidiary Diamond State Insurance was the provider for Limp Bizkit in 2000-01, is trying to back out of liability in the case surrounding the death of a teen fan at a 2001 concert.
Though the band was cleared of wrongdoing in the melee at Australia's Big Day Out festival, where 15-year-old Jessica Michalik was killed and several other concertgoers were injured, the rap-rock outfit did incur some hefty legal fees battling separate wrongful-death claims filed by the girl's parents. The band was dropped as defendants from the lawsuits, but other defendants eventually settled.
United National, however, filed a lawsuit Thursday in Los Angeles Superior Court saying it shouldn't have to cover the band's court costs. Reps for the company claim that Michalik "was either crushed or trampled to death as the crowd, allegedly incited by frontman Fred Durst's comments, surged toward the stage where Limp Bizkit was performing."
While the band was never criminally charged, the coroner who led the inquest did release a statement saying that Durst's words were "inflammatory."
The insurer claims that Durst's actions provoked the incident and therefore nullified the band's coverage. The company is seeking a court order to confirm that it does not have to indemnify the band.
Limp lawyers dispute the contention.
"[United National] has been completely unresponsive and now [has] decided to resolve it by suing their own insured," band attorney Ed McPherson told Reuters. "I guess that's what happens when you buy insurance nowadays."
Michalik's parents, meanwhile, are taking the band's side on this battle.
"The insurer wants to wipe their hands of what? I consider it peanuts what I received," George Michalik told United Press International. "There is no way they should be running away from their responsibility especially since the band was cleared of any wrongdoing at Jessica's inquest."
While there was no immediate comment from the band, Durst has said in the past that he is still haunted by Jessica's death.
While Bizkit hasn't made much noise on the charts of late, the band has kept its lawyers plenty busy. Aside from the lingering Big Day Out mess, Durst was cleared in a lawsuit brought by security guard who claimed the singer kicked him in the head during a 1999 show in Minneapolis and the band is also fighting a suit filed by Chicago fans after Durst & Co. stormed off the stage midset during a 2003 concert. Most recently, Durst made headlines when a sex video was stolen off his computer, prompting a lawsuit against Websites that made the footage available.
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