Community Corner
Linkin Park Lawsuit Settlement
The Agoura Hills band has settled its lawsuit with an insurance company out of court.
Linkin Park and an insurance company have settled the band's lawsuit alleging their claim was wrongfully denied after frontman Chester Bennington's medical issues prompted the cancellation of overseas tour dates in 2008.
Attorneys for the group filed a notice of settlement last Friday with Los Angeles Superior Court Judge Ronald Sohigian. Earlier that day, Sohigian denied a motion by attorneys for Lloyd's of London to dismiss the alternative rock band's claims on grounds Bennington did not disclose the full extent of pre-existing medical conditions on an affidavit.
Sohigian said a jury should also decide whether Bennington, now 36, failed to completely disclose throat and sinus problems.
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The motion was the second failed attempt within a year by the insurer to
have the case tossed. Last May, the judge said there were triable issues
whether Bennington answered truthfully when he said he had no history of a back disorder.
Attorney Jeffrey Ehrlich, on behalf of the band, maintained Bennington's
prior throat and sinus issues had nothing to do with the lawsuit because they
occurred before the policy was issued.
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In January, the band reached a settlement with insurance broker DeWitt
Stern of Tennessee, which sold the policy to the band on behalf of Lloyd's of
London. The musicians had alleged professional negligence on the part of DeWittStern.
In deposition testimony, Bennington stated he hurt his back in October
2008 while helping his 6-year-old son, Draven, build a model plane at their
Newport Beach home shortly before the band was about to go on the road.
His injury caused the band to cancel six concerts in China and Taiwan
that same month. He and his band wanted Lloyd's to cover their losses.
Trial was scheduled April 23 on the breach-of-contract claim against
Lloyd's, which was all that was left of the band's lawsuit filed in March 2010
in Los Angeles Superior Court before the case was resolved.
No terms were divulged in the notice of settlement.
Linkin Park was formed in Agoura Hills in 1996. Their debut CD, "Hybrid
Theory,'' was released in October 2000 and sold nearly 5 million copies
during its debut year.