Mar 30, 2015
Insurance company agrees to postpone litigation against NHL
One of the NHL's main insurance providers sued the league last year, alleging NHL officials concealed the long-term effects of concussions and failed to warn players of the risks. As TSN Senior Corespondent Rick Westhead writes, TIG Insurance Co. and the NHL have agreed to postpone the litigation, anticipating more concussion-related lawsuits.
One of the National Hockey League's main insurance providers sued the league last year, alleging NHL officials concealed the long-term effects of concussions and failed to warn players of the risks.
Now, according to documents fiiled in New York State Supreme Court that were obtained by TSN, TIG Insurance Co. and the NHL have agreed to stay, or postpone, the litigation for the time being, anticipating that the league may face more concussion-related lawsuits.
The NHL already faces a number of lawsuits filed by former players who accused the league of concealing the risk of severe brain injuries. The suits, which have been consolidated and are being heard in a Minnesota court, followed the National Football League's decision in August 2013 to pay $765 million to settle litigation over concussions.
TIG issued liability policies to the NHL and its partners for various periods from 1989 to 2001, according to court documents.
TIG asked the court to rule that its duty to defend the league may be limited because the NHL allegedly failed to comply with the conditions of the policies, which don't provide coverage for intentional wrongdoing or bodily injury that was "expected or intended."
A group of former NHL players including Joe Murphy, Bernie Nicholls and Gary Leeman charge that the NHL did not do enough to protect them from head injuries before it created a committee to study head trauma in 1997. Even after that, the players charge the committee's findings were not adequately shared with players.
News of the stayed lawsuit comes days after lawyers for the players filed documents asking a judge to order NHL commissioner Gary Bettman to testify about player concussions by July 1.
"Even if Mr. Bettman tried to disclaim the deep knowledge the NHL's initial disclosures say he has, ample evidence demonstrates that his 20-plus years of direct involvement in the subject matter of this case gives him knowledge unique and superior to any other current NHL employee," lawyers for the players wrote.
The NHL is fighting the effort to have Bettman testify. The league says the information he might provide could be obtained elsewhere.
The judge will likely decide about Bettman's testimony within the next six weeks, said a lawyer familiar with the case.