{"id":2642,"date":"2022-10-07T02:20:24","date_gmt":"2022-10-07T09:20:24","guid":{"rendered":"https:\/\/blog.goticketly.com\/index.php\/2022\/10\/07\/sxsw-loses-court-action-against-insurer\/"},"modified":"2022-10-07T02:20:24","modified_gmt":"2022-10-07T09:20:24","slug":"sxsw-loses-court-action-against-insurer","status":"publish","type":"post","link":"https:\/\/blog.goticketly.com\/index.php\/2022\/10\/07\/sxsw-loses-court-action-against-insurer\/","title":{"rendered":"SXSW loses court action against insurer"},"content":{"rendered":"<p> [ad_1]<br \/>\n<\/p>\n<div id=\"primary\">\n<p>South By Southwest (SXSW) has lost a court action against its insurer over who should cover its legal costs in relation to a class action lawsuit over its cancellation in 2020.<\/p>\n<p>District Judge Robert Pitman concluded that Federal Insurance Co is not required to cover the costs that the Texas-based festival incurred when dealing with the case, which was <a href=\"https:\/\/www.theticketingbusiness.com\/2020\/04\/28\/sxsw-faces-lawsuit-denied-refunds-swiss-summer-festivals-urged-cancel\/\" target=\"_blank\" rel=\"noopener\">brought about by ticket-holders who wanted a refund<\/a> rather than deferment to attend the event in 2021, 2022 or 2023.<\/p>\n<p>The class action was settled in 2021, but that brought about the <a href=\"https:\/\/www.theticketingbusiness.com\/2021\/10\/12\/sxsw-sues-insurance-company-over-funds-for-class-action-lawsuit\/\" target=\"_blank\" rel=\"noopener\">second case between SXSW and its insurer<\/a>. Federal argued that it should not foot legal costs as SXSW\u2019s insurance policy had a professional services exclusion. SXSW argued that the insurer was employing an \u201coverboard interpretation\u201d of that particular exclusion in its $1m policy.<\/p>\n<p>Magistrate Susan Hightower sided with the insurance firm in a May ruling, and Pitman has now accepted her recommendations.<\/p>\n<p>Pitman ruled: \u201cOn this date, the court adopted US magistrate judge Susan Hightower\u2019s report and recommendation concerning plaintiff SXSW LLC\u2019s motion for partial summary judgment and defendant Federal Insurance Company\u2019s motion for summary judgment. The court\u2019s order denied SXSW\u2019s partial motion for summary judgment, and granted Federal\u2019s motion for summary judgment. The court dismissed SXSW\u2019s claims,\u201d<\/p>\n<p>The SXSW music conference and showcase festival was one of the first major music events to cancel as the COVID pandemic first started to spike in the US back in 2020.<\/p>\n<p>While around 80% of ticket-holders were happy to defer, its inflexible no-refund policy \u2013 \u201cSXSW does not issue refunds under any circumstances\u201d \u2013 very soon came under legal scrutiny. An initial complaint, filed by Maria Bromley and Kleber Pauta in a Texas Federal Court, claimed breach of contract and unjust enrichment and sought refunds and damages for any ticketholders.<\/p>\n<p>\t\t\t\t\t\t\t<!-- \n\n<div class=\"tax-cat-tags\">\n\t\t\t\t\t\t\t\t\n\n<div class=\"col-sm-6 tax-cat\">\n\t\t\t\t\t\t\t\t\t\n\n<p class=\"\">Filed under<\/p>\n\n\n\n\t\t\t\t\t\t\t\t\t<button class=\"btn\" >Awards<\/button>|<button class=\"btn\" >Ticketing<\/button>\n\n\t\t\t\t\t\t\t\t<\/div>\n\n\n\n\t\t\t\t\t\t\t\t\n\n<div class=\"col-sm-6 tax-tags\">\n\t\t\t\t\t\t\t\t\t\n\n<p class=\"\">Tags<\/p>\n\n\n\t\t\t\t\t\t\t\t\t<button class=\"btn\" >Ticketing<\/button>|<button class=\"btn\" >Stadiums<\/button>\n\t\t\t\t\t\t\t\t<\/div>\n\n\n\t\t\t\t\t\t\t<\/div>\n\n --><\/p><\/div>\n<p>[ad_2]<br \/>\n<br \/><a href=\"https:\/\/www.theticketingbusiness.com\/2022\/10\/07\/sxsw-loses-court-action-against-insurer\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] South By Southwest (SXSW) has lost a court action against its insurer over who should cover its legal costs in relation to a class action lawsuit over its cancellation in 2020. District Judge Robert Pitman concluded that Federal Insurance Co is not required to cover the costs that the Texas-based festival incurred when dealing &hellip; <\/p>\n","protected":false},"author":1,"featured_media":2643,"comment_status":"","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,574,3085,2802],"tags":[],"class_list":["post-2642","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured-news","category-legal","category-refund","category-sxsw"],"_links":{"self":[{"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/posts\/2642","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/comments?post=2642"}],"version-history":[{"count":0,"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/posts\/2642\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/media\/2643"}],"wp:attachment":[{"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/media?parent=2642"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/categories?post=2642"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.goticketly.com\/index.php\/wp-json\/wp\/v2\/tags?post=2642"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}