In April 2022, MRC sued Fireman’s Fund and Lloyd’s of London on the theory that Spacey’s absence from the show was covered by their cast insurance policies. 

Productions obtain cast insurance to protect themselves in case a key actor becomes too sick to perform. MRC noted that shortly after it was reported on Spacey’s misconduct, he checked himself into the Meadows, a facility in Arizona that provides treatment for sex addiction. The company argued that this qualifies as a sickness that triggers the policies.

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Judge Mark Epstein has twice thrown out MRC’s insurance lawsuit, first in April 2023 and again in November. In November, the judge wrote that it appeared the contracts “were not meant to cover this sort of claim.” The judge dismissed the case entirely with respect to Lloyd’s, but allowed MRC to make one more attempt to amend the lawsuit against Fireman’s Fund. Among other deficiencies in the suit, the judge has noted that MRC failed to specify Spacey’s ailment, and to explain precisely how it would stop him from performing.

MRC was hampered on that front because Spacey had fought its attempt to subpoena his medical records, and also refused to cooperate with the insurance investigation. 

On December 18, the company MRC made its deal with Spacey. MRC agreed to lower the amount Spacey owed from $36 million including accrued interest to $1 million. In exchange, Spacey agreed to testify in the insurance case, to be examined by doctors for each side, and to provide his medical records within 10 days.

Armed with new information, MRC filed the amended suit against Fireman’s on January 2. The new complaint alleges that Spacey was being treated for anxiety and depression, and that he was therefore unavailable for production. Fireman’s filed a motion last week to throw out the amended complaint, saying it “borders on the absurd.” 

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