As noted earlier here, the Stros have initiated a lawsuit against Connecticut General Life Insurance Co. over the insurer’s denial of the Stros’ claim under the disability insurance policy on the best player in Stros franchise history, Jeff Bagwell. Previous posts on the Bagwell disability claim are here.
Connecticut General has removed the Stros lawsuit from state district court to federal district court, and the case has been assigned to U.S. District Judge Keith Ellison, who has set the initial scheduling conference in the case for August 4th. You can download a copy of the the Stros’ original petition in the lawsuit here.
According to the Stros’ petition, the policy defines disability as “any physical illness or condition . . . that renders [Bagwell] totally disabled from performing as a professional baseball player.” Thus, the issue in the lawsuit is whether not being able to throw a baseball, while at the same time still being able to hit one, renders Bagwell totally disabled under the terms of the policy. Connecticut General probably wishes that it could remove the lawsuit to the American League, where the existence of the designated hitter rule would mitigate in favor of the insurer’s position.
As noted earlier, the Stros are represented in the lawsuit by well-known Houston plaintiff’s lawyer Wayne Fisher, who is a longtime friend of Stros owner Drayton McLane. Tynan Buthod of Baker & Botts is lead counsel in the case for Connecticut General.