This earlier post examined the initial exchange between the parties in the Houston Astros’ lawsuit against Connecticut General Insurance Co. over the insurer’s denial of the Stros’ claim under the disability insurance contract that the Stros bought from the insurer on their injured slugger, Jeff Bagwell (previous posts here).
Now, Conn Gen has fired back with a response (download link here) to the Stros’ argument that the club’s extra-contractual claims (juicier from an evidentiary and damages standpoint) should be tried along with the club’s more pedestrian breach of contract claim under the policy. In short, the insurer argues that there is little legal precedent for the Stros’ desire to have all of the claims adjudicated in one lawsuit and that the risk of prejudice to the insurer in having the claims tried together strongly mitigates in favor of severance of the claims for seperate trials.
I will be surprised if Connecticut General does not win this initial skirmish over severance of the Stros’ claims.