CONTINGENCY INSURANCE - CONTINGENCY INSURANCE

(Quinta Communications SA v Warrington, 1999, unreported)

It has long been common for insurance to be taken out by concert promoters against the risk of loss of profits flowing from cancellation of the concert due to the incapacity of the performers. Until recently the meaning of such policies had not been considered by the English courts, although in the last few months cases have reached the English courts involving musicians as diverse in style as Placido Domingo and the late Jerry Garcia. The most recent decision, Quinta Communications SA v Warringon 1999, (forthcoming in Lloyd’s Rep IR), involved Michael Jackson. The leading judgment was given by Lord Justice Clarke, with whom Lord Justice Aldous and Lord Justice Nourse (adding a few words of his own) agreed.