The Atlanta Braves have filed a breach of contract lawsuit against Hartford Life Insurance Co., claiming the insurer should have to pay for time missed by pitcher Mike Hampton, according to a published report.
According to BestWeek, published by A.M. Best Co., the Braves are seeking about $4.8 million, according to court documents, to cover the time Hampton spent on the disabled list last season due to a injured muscle in the pitcher’s chest suffered before his first start of the season in early April 2008. Hampton remained on the league’s disabled list until July 26.
The Hartford has failed to make payments related to Hampton’s injury last season, the Braves allege. Hartford contends Hampton was no longer “totally disabled” before or during the 2008 season, court papers said.
The Hartford issued a policy to the Colorado Rockies, insuring Hampton while he was with the team. The policy was transferred to the Braves when Hampton was traded to the team in November 2002.
The suit hinges on the term “totally disabled” and whether the policy remained in effect after it expired at the start of October 2005. The Braves claim the policy remained in effect after the expiration date so long as Hampton’s “total disability commenced during the coverage period, the maximum benefit has not been exceeded and coverage has not been terminated for nonpayment of premium.”
Under these terms, the Braves were paid for the 2006 and 2007 seasons. Hampton missed both years after being injured in 2005, before the policy expired, court records show.
Over a 14-year career, Hampton has been named to the league’s all-star team twice but missed about three and a half years because of two elbow surgeries and the injury called into question by the lawsuit. After making his first start last July, Hampton went 3-4. He is now with the Houston Astros.
