Fat Joe sues Insurance Company over denial to cover Copyright Infringement suit

Fat Joe Sues Insurance Company over Denial to Cover Copyright Infringement Suit American rapper Joseph Cartagena, popularly known as Fat Joe, has recently sued his insurance company over denial to cover legal costs incurred in defending a copyright infringement lawsuit.

In March 2019, another rapper Eric Elliott, also known as Fly Havanna, brought a copyright infringement claim against Joseph Cartagena over his 2016 hit ‘All the Way Up.’

Elliot claims that this rap, created in collaboration with Remy Ma, is nothing but an evolution or remake of Elliot’s track that he had produced a year earlier. He also claims that he had collaborated with Infrared on his version of the track and later also guested on Cartagena’s version. Cartagena has not denied the contribution made by Elliot in creating his super hit track.

He had even acknowledged his contribution in an interview. Cartagena’s legal papers reveal thatElliot was presented with a Dollars 5000 fee for his involvement in the creation of the track, and was also promised future royalties. However, according to the lawsuit filed by Elliot, these royalties never materialized, and hence, he seeks a formal declaration of co-writer credit and a formal royalty share from the court.

As a consequence of this lawsuit, Cartagena turned to the New York-based Homeland Insurance Company, under the insurance policy that he had just bought two months earlier, in order to cover the legal expenses arising from the suit, should he incur any. This insurance policy purchased by Cartagena was supposed to cover all liabilities related to his professional music career.

The insurance company blatantly dismissed his claim by accusing him of knowingly withholding substantial information while purchasing the policy. According to Homeland, Cartagena ought to have informed them about the feud between Elliot and him and that Cartagena already knew that this dispute would likely result in a lawsuit.

Homeland has further claimed that suits of such nature, that is, claims from independent contractors claiming ownership interest, are not covered under the policy anyway.

Holding that “the conduct of Homeland is despicable and outrageous,” Cartagena has, in turn, filed a lawsuit against the insurance company on July 8, 2019. He is suing for breach of contract, breach of the implied covenant of good faith and fair dealing against Homeland. He is also seeking declaratory relief. He believes Homeland should face punitive damages “sufficient to punish it and deter similar conduct in the future.”

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