A movie production company has filed a lawsuit against its insurers for allegedly failing to pay the appropriate amount after filming of "The Expendables" was delayed by medical concerns of actors Jason Statham and Sylvester Stallone.
Alta Vista Productions, LLC and Alta Vista Productions, Inc. filed suit against St. Paul Fire & Marine Insurance Co. and the Travelers Companies, Inc. July 12 in federal court in New Orleans.
According to the complaint, defendants issued an insurance policy to cover various risks associated with the movie's production, which was filmed in Rio De Janeiro, Brazil and in New Orleans.
Alta Vista states that the insurance policy included coverage for principal actors Statham and Stallone.
The lawsuit claims that after Statham passed the insurance companies' medical examination, but before the policy was officially bound, Alta Vista became aware that Statham needed medical treatment that would prevent the start of filming in Brazil as planned.
The film was pushed back one week to accommodate Statham, the suit states. After undergoing a procedure dealing with a growth on his vocal cords, Alta Vista learned that Statham would need a second procedure which would prevent him from filming in New Orleans as planned. Alta Vista claims it delayed the resumption of filming in New Orleans by at least two weeks due to Statham's medical condition.
Alta Vista states that the one-week push and the two-week hiatus cost them approximately $1,102,547 and $1,051,734. The defendants remitted a partial payment of $528,978 but have failed to pay the remainder associated with the Statham insurance claim.
In addition, Alta Vista states the insurance companies also failed to remit full payment on a claim related to Sylvester Stallone. Stallone allegeldy injured his ankle causing a loss of $306,146.
Alta Vista states the defendants made a partial payment of $139,439.
The defendants are accused of breach of contract and violating their duty of good faith and fair dealing with Alta Vista.
The plaintiff is asking the court to hold the defendants liable for amounts due under the insurance policy and for penalties and costs.
Alta Vista is represented by Robert Ryland Percy, III, Erin Wiley Lanoux and Katherine Tess Stromberg of Percy, Stromberg, Bush & Lanoux. A jury trial is requested.
U.S. District Judge Mary Ann Vial Lemmon is assigned to the case.
Case No. 2:10cv01948