The Fulton County Daily Report on Friday contained a front page story regarding the 2003 injury of cornerback Decory Bryant in the Dawgs victory against UAB:

In 2003 Georgia junior cornerback Decory Bryant suffered a career-ending spinal injury in a game against the University of Alabama-Birmingham. In a twist of fate, the junior contends that he had just days before told the university’s then-assistant athletic director, Hoke Wilder, that he wanted disability insurance under the school athletic association’s Exceptional Student-Athlete Disability Insurance program.

But because the policy was not finalized before the UAB game, Bryant didn’t get coverage for his injury, and he sued the association and Wilder for breach of contract, breach of fiduciary duty and negligence.

The association’s liability carrier—a separate entity from the one that denied coverage to Bryant—refused to defend the case. But after two years of fighting, the appeals court said the company has to defend the association.

The issue at the appeals court is tangential to the underlying litigation over NCAA rules and what Coach Mark Richt may have promised to Bryant in the wake of his injury. But it was difficult enough to divide the Court of Appeals 4-3 over whether certain exclusions in the policy absolved the Fireman’s Fund Insurance Co. of its duty to defend the association.

The majority’s conclusion that Fireman’s Fund must defend the association was a relief to Athens lawyer Edward D. Tolley, a lawyer for the UGA Athletic Association.

“I get pretty tired these days; no matter what kind of coverage you buy … you always get a denial of coverage letter,” he said. “They make you go toe to toe with them just to get what you already paid for, and I think this opinion reflects that.”

Fireman’s Fund argued that two exclusions to the association’s policy meant that it had no duty to defend the association against Bryant’s claims. The association’s policy excludes coverage for claims based on or in any way related to the association’s “failure to effect or maintain insurance” or “bodily injury.”

Emphasis Added.  It’s important to remember that Bryant and UGA were completely unable to get the underlying disability insurance to pay.  If that policy isn’t signed up on the date of injury, you, my friend, are out of luck.  This dispute is between the UGA AA and its own liability insurance carrier.  The suit will go on.  The Court of Appeals decision holds that the claim is covered by the liability insurance policy.

Bryant claims that CMR promised him that the UGA Athletic Association would set  up a trust fund for him if insurance coverage were not forthcoming, and that subsequently Damon Evans quashed the idea.  From my point of view (and unsurprisingly, Ed Tolley’s), CMR’s promise does not constitute an enforceable contract between Bryant and the UGA Athletic Association.  Really, if I felt bad because Reggie Ball stunk it up in every effort against the Dawgs and promised him free cheeseburgers for a year, there’s no way he can get a court to enforce my promise.  Sucker!  Past consideration is no consideration (right Professor Coenan?  You may have tagged me with that B- in Contracts, but it’s all good now).

The insurance issues in the story are complex, but it’s still worth a read.  Very interesting to me that this story hasn’t seen more light.  Perhaps now that the insurance issue is settled, it will.  The interesting thing to me is how UGA fights to gain coverage for the loss and thereby ensuring a black eye for the University, as the insurance company fights like hell to screw a well-known former football player who suffered a career-ending injury.  Your insurance policy may now only ensure PR Hell.