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Saturday, 1 June 2013

National Football League's Efforts To Sue Insurers in California Are Rebuffed

Posted on 19:17 by Unknown
National Football League v. FIREMAN'S FUND INSURANCE COMPANY, Cal: Court of Appeal, 2nd Appellate Dist., 5th Div. 2013 - Google Scholar:

The NFL has been sued by dozens of former players who allege that they were injured playing football in the 1950s, 60s and 70s. The NFL is defending the cases. As usual, the liability litigation against the league spawned an enormous cloud of coverage litigation.

The insurers sued in New York, where the league has its headquarters, for declaratory judgments that their policies do not cover the concussion lawsuits. The NFL tried to sue in California, but the California court held that the NFL is really a resident of New York and that the litigation to be fought out in the courts of New York. The order stays the California cases pending the results of the New York litigation.

Undoubtedly there was an advantage to litigating in California as opposed to New York.

Edward X. Clinton, Jr.

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