http://sports.yahoo.com/mlb/news;_y...vLYF?slug=ap-astros-bagwell&prov=ap&type=lgns Astros sue insurance company over Bagwell claim By KRISTIE RIEKEN, AP Sports Writer April 17, 2006 HOUSTON (AP) -- The Houston Astros have sued an insurance company claiming breach of contract because the company has denied the team's claim to recoup $15.6 million of injured first baseman Jeff Bagwell's contract. The lawsuit against Connecticut General Life Insurance Company was filed in Harris County District Court on Monday afternoon, Astros lawyer Wayne Fisher said. "We believe it's absolutely unfair and unjust that they just arbitrarily say they won't pay," Fisher said. "There could be no question in anyone's view that he is suffering from a disability. We are absolutely confident that we will prevail." In January, the Astros deemed Bagwell too injured to play. They filed the claim the same month to try to get back most of the $17 million Bagwell will earn in the final year of his contract. In March, Connecticut General notified the Astros that they had denied the claim. The Astros appealed after Bagwell said the pain in his chronically injured right shoulder had become too much for him and he was placed on the 15-day disabled list with bone chips in his shoulder. Ty Buthod, a partner for Baker Botts and an outside attorney for Connecticut General, said he had not seen the lawsuit, but did address the situation in general terms. "It would be premature to comment about the lawsuit," he said. "But as for the claim, Connecticut General is confident that it reached the right decision in denying the Astros claim that Jeff Bagwell was not totally disabled while the insurance policy was in effect." Bagwell made an unsuccessful comeback attempt in spring training after pinch-hitting in the first two rounds of the playoffs and working as designated hitter in the first two games of the World Series last season. "The Astros would never have played a totally disabled player in the 2005 World Series," Buthod said. Fisher pointed out that Bagwell never played defense in the World Series and that Astros owner Drayton McLane chose to let him play in the capacity he did as a nod to all he has done for the team. "Drayton McLane wanted to give Bagwell the opportunity to play in the World Series in recognition of his many years of great service to the team," Fisher said. "So Jeff appeared in several of these games." Buthod said he expects his clients to be served in the next two weeks and they will have three weeks after being served to answer the lawsuit. Fisher said the Astros paid about $2.4 million in premiums for the policy.
They should at the very least get that back. But let's face it, the man can't play. They should be collecting more than that.
I hope they get that money so we can use it for Clemens. This is complete BS, I hope the Astros win this case.
Gotta love big insurance. Too bad the Katrina victims don't have Drayton McLane's means to go to court when they're getting screwed over by those weasles. Evan
