An insidious conspiracy by the NFL and its insurers to deny brain injured players access to the courthouse
An article in yesterday’s New York Times, Concussion Liability Costs May Rise and Not Just for NFL, discusses the ongoing dispute between the NFL and its insurance companies concerning insurance coverage issues for the law suits commenced charging the league with fraud in their concealment of the dangers of concussions to their players. The article also discusses the anticipated increased costs for insurance coverage faced by school districts faced with concussion related claims.
The sad truth is that insurers, teams, school districts will all use this as an excuse to seek limitations on liability and hold school sports programs hostage. Those who cause injuries to innocent victims and insurers always cry foul when the day of reckoning approaches.
Player safety either in the NFL or in school districts can never be held hostage by this sort of argument. This is an insidious conspiracy to do away with these cases and obtain legislative immunity to purportedly "save" school districts from a "flood of litigation" I never saw anyone drown when the “flood gates of litigation” are opened. This is typical rhetoric to avoid legal liability.
All players deserve safety and full access to the courthouse to protect their rights when teams, school districts and the league ignore their legal obligations.
You can read the full New York Time story by clicking here.
It is also a calculated business decision by insurance carriers to fashion an exit strategy for them to avoid paying out on legitimate claims, that until this time they have avoided. Now, with the burgeoning law suits they might have to pay out on insurance claims that have never been made before, although they have been collecting premiums for years. Similar to homeowner’s insurance companies that are trying to find ways to limit their Hurricane Sandy exposure.