Spears's suit, filed in New York Supreme Court on Friday, seeks damages for the injury the pop princess suffered first during a show in Moline, Ill., March 18, and later during the filming of a video for "Outrageous" on June 8, MTV News reports. Spears's knee was hurt so bad during the video shoot that she had to undergo arthroscopic surgery the following day.
Spears paid $1.3 million for a policy to safeguard against such mishaps, but the insurers say that the 22-year-old singer didn't reveal an earlier knee injury.
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"Same knee, opposite side," attorney Jonathan Stoler tells MTV. Furthermore, Stoler insists Spears's failure to mention the earlier injury – which she suffered in 1999 – was an "innocent omission."
"Ms. Spears was asked if in the past five years she had had any surgery," Stoler said, adding that Spears mentioned it in prior conversations. "But at the time she was going through this application she did answer 'no.' It had not been a full five years, but four years and eleven months since the surgery (in 1999)."
The $9.8 million suit is seeking the recovery of the cost of the original policy, as well as expenses related to the cost of canceling the tour.
None of the insurance companies named has commented on the suit.