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Audra McDonald at Center of SHUFFLE ALONG Insurance Lawsuit

By: Nov. 14, 2016
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Powerhouse Broadway couple Audra McDonald and Will Swenson just welcomed their new baby girl into the world, and the Broadway community can't wait to see what kind of star she'll grow into.

But in the midst of this joy, the producers of SHUFFLE ALONG, which McDonald departed early due to her surprise pregnancy at the age of 45, have sued their insurer Lloyd's of London for refusing to cover the losses caused by the Tony winner's exit.

Forbes reports that the show had taken out two policies for a total of $14 million in case "illness or accident" caused their leading lady to be unable to perform or led to the complete cancellation of the production.

Producer Scott Rudin announced in June that SHUFFLE ALONG would be closing on Broadway at the end of July, despite the fact that Rhiannon Giddens had been cast as McDonald's replacement.

He stated: "We are thrilled that she and her husband, Will Swenson, are experiencing the opportunity to expand their family - and we wish them all good things as they approach the birth of their child this fall," he continued. "It has, however, become clear that the need for Audra to take a prolonged and unexpected hiatus from the show has determined the unfortunate inevitability of our running at a loss for significantly longer than the show can responsibly absorb, and we have decided to close the show when she leaves on July 24. On behalf of myself and George C. Wolfe, I want to say how deeply grateful we are to her for everything she gave and continues to give the show. There is simply nobody like her."

The question now is whether McDonald's pregnancy is covered under the language of the insurance policy, which, according to Forbes, will reimburse SHUFFLE ALONG's producers if the production was closed due to their star's "death, accident, or illness."

Forbes writes that a New York court ruled many years ago that "[p]regnancy is, of course, a normal biological function and is not an illness." But SHUFFLE ALONG's producers say McDonald's pregnancy "is an accident, and her associated medical conditions constitute an illness."

Back in May, McDonald announced news of her pregnancy and joked, "Who knew that tap dancing during perimenopause could lead to pregnancy? Will and I are completely surprised-and elated-to be expecting a new addition to our family. I am so very grateful to everyone in New York and London for allowing me to rearrange my schedule to accommodate this little miracle."

But this happy accident wasn't entirely "beyond the control of the ... Insured Person," as stated in the insurance policy.

The insurer also said SHUFFLE ALONG did not have to close, with its 10 Tony nominations and starry company. "Ms. McDonald is also only one of a number of stars performing in the show," Lloyd's of London stated. "By virtue of the all-star cast, Ms. McDonald's temporary absence does not appear fatal to the show's continued success."

Aside from McDonald, SHUFFLE ALONG starred Tony Award-winners Brian Stokes Mitchell and Billy Porter, and Tony Award nominees Brandon Victor Dixon and Joshua Henry. It featured a new book by George C. Wolfe, was choreographed by Savion Glover, and was directed by Mr. Wolfe.

Lloyd's of London is in the process of filing a response to the lawsuit.

Photo Credit: Julieta Cervantes




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