LOS ANGELES (AP) — An insurance company that issued a policy for rock band Limp Bizkit is asking a Los Angeles Superior Court judge to rule it has no liability for any damages awarded as the result of a teenage fan’s death at a 2001 concert.
According to a lawsuit filed Aug. 11 by Diamond State Insurance, Jessica Michalik, 16, died after being trampled by fans at the “Big Day Out” festival in Australia on Jan. 26, 2001.
The suit said Limp Bizkit singer Fred Durst “incited” the crowd to rush toward the stage. The band was not charged with any wrongdoing.
In December 2003, the girl’s mother, Barbara Michalik, filed a claim in the Supreme Court of New South Wales naming several defendants, including the show’s promoters, the band, and its individual members, according to the insurance company’s lawsuit.
A copy of the claim was sent in February 2004 to Pennsylvania-based Diamond State Insurance, which issued a policy to the band for June 14, 2000, through 2001, according to the company’s lawsuit.