Former NFL Player Files Insurance Lawsuit

Charlotte, NCIt's not just the little guy who has his long term disability insurance claim denied by insurance companies. Even professional athletes who suffer debilitating injuries can fall victim to insurance company denials. Now, a former NFL player who had his career ended prematurely by a concussion has filed a lawsuit against an insurance company he says was supposed to protect him in exactly this situation.

The lawsuit was filed on July 18, 2016, by Haruki Nakamura, former defensive back for the Baltimore Ravens and Carolina Panthers against Lloyds of London. On August 29, 2013, after five years in the National Football League, Nakamura suffered a debilitating concussion in a pre-season game against the Pittsburgh Steelers. During the game, Nakamura was reportedly hit on the side of the head while making a tackle. He was pulled from the game and taken to a medical center for diagnosis. It was the last time Nakamura would play professional football.

Five days after being diagnosed with a concussion, Nakamura was released from the Carolina Panthers due to "concussion." Following the incident, Nakamura suffered worsening post-concussion symptoms, including headaches, impaired cognition, fatigue, depression, and suicidal ideation. Ultimately, a doctor diagnosed Nakamura with post-concussion syndrome and classified him permanently disabled with no hope of recovering enough to play professional football.

Nakamura argues he paid hefty premiums to ensure he was covered in case he ever suffered a career-ending injury but his insurance company subjected Nakamura to "virtually impossible, hair-trigger notice procedures; voluminous and duplicative paperwork; no fewer than three layers of administrative bureaucracy; and interminable delays in its 'investigation' of Nakamura's claim." All told, it allegedly took more than two years for Lloyds of London to ultimately deny the former footballer's claim.

Included in the allegations are that the insurer and the insurer's selected medical examiner imposed unexplained unilateral delays in scheduling Nakamura's medical examination, threatened to cancel appointments if Nakamura insisted on having an advocate present. The medical examiner for the insurer ultimately determined that Nakamura was able to play football, despite noting that he should consider the possible long-term effects of repetitive concussions when he decides whether or not to continue playing.

Included in the insurer's denial are references to his medical examiner appointment, during which he requested the examiner turn off lights that were bothering his eyes. The examiner found this suspect because Nakamura had not complained about the lights in the waiting room. The insurer allegedly used this incident as evidence Nakamura is not disabled even though it makes no note of who was monitoring Nakamura during the time before his exam began or how the lights in the waiting room compare to the lights in the exam room.

In 2015, the NFL's player retirement plan awarded Nakamura "total and permanent disability benefits," and noted that not only was Nakamura not able to play football, his concussion rendered him unable to hold any gainful employment.

Nakamura's lawsuit alleges breach of contract and unfair and deceptive trade practices. The lawsuit was filed in North Carolina.