Ex-NFL player Nakamura sues insurer for denying concussion claim
ASSOCIATED PRESS / AUG. 2012
In this Aug. 17, 2012, file photo, Carolina Panthers’ Haruki Nakamura (43) runs onto the field during player introductions before an NFL football game against the Miami Dolphins in Charlotte, N.C. The former Carolina Panthers player who received what the NFL deemed a career-ending concussion has sued Lloyd’s of London for denying a $1 million insurance policy.
A former NFL player who suffered what the league deemed a career-ending concussion has sued insurer Lloyd’s of London for denying a $1 million insurance policy for professional athletes.
The lawsuit, filed this week in North Carolina, could become a test case for insurers dealing with the emerging fallout from sports concussions and head trauma claims.
The NFL declared former Carolina Panthers defensive back Haruki Nakamura fully and permanently disabled after the August 2013 concussion he received in a preseason game, awarding him monthly benefits.
Lloyd’s medical expert ruled in 2015 that Nakamura could return to play. Its doctor thought that he was exaggerating his symptoms and that earlier concussions in college contributed to his condition. Still, the doctor cautioned him to consider the “probable long-term effects of repetitive concussions” before returning to the NFL, according to the lawsuit, filed Monday in Mecklenburg County.
Nakamura, 30, said he already suffers from headaches, vision problems, fatigue, depression and suicidal thoughts.
A U.S. Lloyd’s spokeswoman, Lizzie Lowe, said the insurance consortium doesn’t comment on pending litigation. A woman who worked on the case for Lloyd’s underwriter, Empirical Loss Management, declined to comment.
Nakamura took a hit to the head making a tackle in a game against the Pittsburgh Steelers, and he was diagnosed with a concussion at a hospital. Citing a concussion, the Panthers released him five days later, the lawsuit said. He was later diagnosed with post-concussion syndrome by a sports concussion expert at the University of Pittsburgh.
Nakamura had paid $17,000 a year for the Lloyd’s policy in 2012 and 2013, according to his lawyers, John W. Schryber and Julie L. Hammerman, who specialize in insurance policies for athletes. The lawyers said they have never had an insurer reject a policy after a doctor or the NFL judged a client to have a career-ending injury. But this is the first concussion claim they have filed under coverage for bodily injuries.
“And now they’re denying coverage altogether,” Schryber said Wednesday. “The point of going out and buying private insurance is to have a hedge against all of these other things that are outside of your control.”
Nakamura could seek an award under the NFL’s planned $1 billion court settlement of concussion claims, though it’s unclear how he might fare. The settlement, which could roll out within the next year, is designed to cover more than 20,000 NFL retirees for the next 65 years.
The league estimates that 6,000 former players, or nearly 3 in 10, could develop Alzheimer’s disease or moderate dementia that some experts link to concussions.
Nakamura, an Ohio native, played for the Baltimore Ravens from 2008 to 2011 before joining the Panthers. He lives with his wife and two children in Mooresville, North Carolina.
14 responses to “Ex-NFL player Nakamura sues insurer for denying concussion claim”
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Lloyd’s had no problem taking his money, they need to pay the man!
agree but I also think football needs to disappear from the scene. It is just too dangerous a game. Many local parents tell me they withdrew their little league child from football.
This kind of doublecross behavior from insurance companies is nothing new, they’re all crooks. The industry is one giant ripoff. I had a guy rearend me in my parked car, nearly killed me, and State Farm treated me like a criminal, siccing their lawyers on. In the end, I broke just shy of even after emptying my savings for medical treatment, and I live a life of periodic crippling back pain. They dont give one flying you-know-what about their policy holders. This Nakamura kid (hapa haole) was one hell of a player, like a missle coming in from the secondary. He’d hit ball carriers like a ton of bricks, so not a shock he concussed, and probably many times. But that’s why he had insurance, and now Lloyd’s is trying to steal from him. GO Haruki!
Now high school players of all sports will have an opportunity to win a lottery to help pay for their college ed. Buy $1M disability/health insurance. Then sue the other player(s) who hit you with video evidence, sue their school, sue your school, sue the football administration, sue everybody. Then apply for welfare and Social Security Disability.
And do you carry insurance, life/health/auto/property to name a few?. Let’s hope you get compensated if something unforeseen happens.
Your thinking is so elementary I’m wondering if you got one too many concussions in the past.
Isn’t that typical of an insurance company. They openly stretch their hands out when you pay their premiums but when it comes to paying the claims, they withdraw their hands and deny any claims whatsoever. JUST TYPICAL!!!
Absolutely yes, it is typical. While I believe some of their rejections of claims are valid it is also in their best interest to deny as many claims as they can justify, so they do. On the other hand, I’ve known of many situations where I have zero doubt that the claimant was faking it with the help of a physician. There are many physicians who have made careers out of helping people file false claims. Based on what I’ve read, I think Lloyd’s will end up paying this claim although it may come down to the fine print on his policy. The issue could come down to “can he play” versus “should he play”.
There are at least two sides to every story. Did you miss the part where the lawyers said they’ve never had an insurer reject a policy after a doctor or the NFL judged the client to have a career ending injury? Is that also “typical”?
Also said that “…this is the first concussion claim they have filed under coverage for bodily injuries.”
Kids, play baseball, basketball, golf, bowling, tennis…
MMA, too. Lookie here before it gets censured!
http://www.telegraph.co.uk/news/2016/07/18/mma-fighter-captured-with-pokeball-suffers-fractured-skull-in-br/
Way back when concussion’s were thought to be linked to mental health issues and when I was injured with head injuries the insurance company and it’s lawyers tried for years to put off settling. All the years went by and the monies spent to support not settling amounted to a pretty large price tag for the insurance company. The end result being that the lawyers fees probably amounted to many times more what was finally paid to me. What a bunch of Jack-asses.
The biggest satisfaction for me was that I won and came out on top and to see the defeated expression’s the the insurance company’s faces. The lesson learned is to always hire your attorney who work on contingency basis: (if they don’t win your case you don’t owe them anything).