Astros denied claim on Bagwell's shoulder By JOSE DE JESUS ORTIZ Copyright 2006 Houston Chronicle KISSIMMEE, Fla. — The Astros have been told they cannot collect on the insurance policy they hold on disabled first baseman Jeff Bagwell's $17 million salary for this year, an attorney for Connecticut General Life Insurance has confirmed. ADVERTISEMENT "On March 13, 2006, Connecticut General Life Insurance Company notified the Houston Astros that it had denied a total disability claim submitted by the Astros relating to Jeff Bagwell," said attorney Ty Buthod, a partner at the Houston law firm of Baker Botts. "The company determined that there had been no adverse change in Mr. Bagwell's condition or ability to play baseball between the end of last season, when he was an active member of the roster, and January 31, 2006, the date the policy expired. The company carefully reviewed the claim as submitted by the Astros and determined that the claim did not support a finding of total disability." In January, the Astros deemed Bagwell a disabled player and filed the insurance claim to recoup $15.6 million of his $17 million salary for this season after consulting with famed orthopedist Dr. James Andrews, who examined Bagwell that month, and Astros physician Dr. David Lintner. Bagwell disagreed with the Astros' assessment and arrived in camp last month. On Saturday, he finally ended his quest to stay off the disabled list, admitting it might take "a miracle" for him to play again. Astros owner Drayton McLane understood that Bagwell's attempt to play this spring could hinder his insurance claim, and he admitted Saturday that his claim could end in litigation. Connecticut General understands that possibility, which is why it secured the services of Baker Botts in February, a week after the claim was filed by the Astros. "The policy terminated on January 31, 2006," Buthod said. "The Astros took the position that Mr. Bagwell had become totally disabled sometime between the end of the 2005 season and January 31, 2006. Throughout the process, Mr. Bagwell and the Astros were cooperative, gracious and professional. Connecticut General wishes the club and Mr. Bagwell the best." Bagwell was placed on the 15-day disabled list Saturday with arthritis and bone spurs in his right shoulder. This is no big suprise!!
I remember that game winning hit he had in September. A win that helped us win the wild card game by one. And it's "what dumbasses are". Of course, they'd be "cheap dumbasses" had they not let him play because of a possible granted insurance claim six months later.
There is no way an insurance company is going to pay $15 million dollars to someone without litigation being involved. They will fight before they hand over that kind of money.
Bobblehead - just a reminder: http://bbs.clutchfans.net/faq.php?faq=faq_etq#faq_faq_etq_postarticle Agreed.... there was no way they were going to just allow this on first pass.
not to mention the fan base. That was awesome when Baggy won that game. it had me up and screaming yes.
Interesting... I guess it all depends on the exact contract.. but I do think it is hard to make the case that he can't play unless his condition has gotten worse than it was in September.. I wonder if the policy says if he isn't in a condition to play 1st base or play at all or what exactly... or is the fact that he could pinch hit, but not play first base considered "he can play and thus you don't get money"... I'm glad they activated him in September.. I wanted him to get some time as we went for the playoffs ..
Clearly Jeff can't play. We are now here (basically) in the season and he isn't playing. The Astros will collect something...maybe not all, but some.
I think he might be referring to them trying to get the claim and being cheap asses. Thats how I see the situation. Now Bagwell is on bad terms with managment and they made the franchise look like boneheads.
I wonder how the hell you word a disability policy like this anyways. There's a big difference from being a starter to being able to play at all. It's all a matter of degree. Though I do think this is a negotiation strategy by the insurance company. I wonder how much this policy cost to begin with. It couldn't have been cheap, considering how bad his shoulder was when he got the policy.
Well I knew it was going to be denied after he played last year becuase the insurance was for if he couldn't play at all and he proved he could still hit. The Astros likely won't get anything but its not like Drayton can't afford it.
What defines playing baseball? If he can't field but can still hit, then technically he can still play baseball as a DH. Somebody break out the magnifying glass and read the fine print on that policy.
Well, this doesn't really tell us anything new. Insurance companies will deny even the most blatant claims of standard injuries and such on the first pass. Some of them make it a policy, I think (though they'd never admit it). I wouldn't put money on the Astros collecting, though. If I remember correctly, the White Sox had a b**** of a time collecting on the policy they had with Albert Belle, and his situation was a lot more clear cut. I guess it just depends on the policy.
I would have to believe that since the Astros are paying for the policy, that Bagwell would have to be able to field and throw in order to be considered a complete player.
