The insurers of the NFL have refused to provide a defense against the concussion lawsuits being filed by thousands of former players. The league has filed a civil suit against companies from insurance groups Chartis, Chubb, Fireman’s Fund, Travelers, Hartford, OneBeacon, Ace, Allstate, XL, Tranatlantic, Crum & Forster, and Alterra.
In response, Alterra filed court documents asking a judge to declare that an insurer has no responsibility for defending the NFL.
The NFL is attempting to recover over $5 million in attorneys’ fees that it has spent in defense of the numerous concussion lawsuits alleging that former players suffered permanent damage from repeated head injuries and that the league did not do enough to prevent or treat those injuries. And they want the judge to insist that insurers defend them in this and future lawsuits.
According to the NFL, primary policies since 1968 issued by insurers “impose on each a duty to defend any suit against the NFL and/or NFL Properties on account of bodily injury or personal injury covered or potentially covered by the policy, even if the allegations of the suit are groundless, false or fraudulent.”
The insurers, on the other hand, don’t think it’s appropriate for them to step up to defend the NFL until it is clear which policies were in place when the alleged damage happened. This is somewhat unusual, insurers are normally part of the case quite early, but considering the size of the suits, it is perhaps unsurprising that they are waiting for clarity. With this many players joining the suit, the possibility exists for the suit to be of a magnitude not seen since the cigarette lawsuits.
NFL Concussion Lawyers
The NFL Concussion Lawyers at the Strom Law Firm are currently accepting cases involving brain damage and concussions for former players. Call today for a free consultation. 803.252.4800