Former National Football League player Sharrif K. Floyd, whose career ended after knee surgery, sued a unit of Sompo International Holding Co., a unit of The Doctors Co., Marsh USA Inc. and USI Insurance Services LLC, charging a deficit of $10 million in insurance revenue.
The defensive lineman, a first-round pick in the 2013 NFL draft, was playing for the Minnesota Vikings in 2016 when he was injured and underwent right knee arthroscopy at Andrews Institute Ambulatory Surgery Center LLC in Gulf Breeze, Florida, according to a lawsuit filed Tuesday.
the costume, Sharrif K. Floyd, Individually and as Owner of Andrews Institute Ambulatory Surgery Center, LLC v. Endurance American Specialty Insurance Co., TDC Specialty Insurance Co., USI Insurance Services LLC and Marsh USA Inc., was filed in US District Court in Gainesville, Florida. Mr. Floyd claims the arthroscopy surgery effectively ended his career, and he filed a medical malpractice lawsuit against the institute and others in state court.
According to the lawsuit, the institute̵7;s primary insurer for the 2016-2017 insurance period, a unit of Arch Capital Group Ltd. and who is not a party to the suit, the primary limit of $2 million. Endurance provided $25 million in umbrella coverage based on claims, the lawsuit says.
Endurance also provided excess cover for the 2017-2018 policy period, where The Doctors Co. was the primary insurer, but the excess limit was reduced to $15 million. The Doctors Co. also provided $10 million in excess coverage, the lawsuit states. Marsh was the deployment broker for the 2017-2018 coverage but USI was also involved, the lawsuit states.
The suit alleges that the institute notified USI of the potential claim before the 2016-2017 policy expired and that the broker immediately informed Arch but did not notify Endurance of the claim before the policy expired.
The suit says the institute’s insurance company paid only $17 million in coverage, leaving a $10 million shortfall from the $27 million in coverage that Mr. Sharrif says should be available. According to the lawsuit, Endurance accepted coverage under the 2017-2018 policy and The Doctors Co. said the coverage fell under the 2016-2017 policy.
The suit seeks declaratory judgments against the insurers and accuses the brokers who handled the account of breach of contract and fiduciary duty and negligence.
Doctors Co. said in a statement, “We have not had an opportunity to review the lawsuit and it is not our practice to comment on pending litigation.”
Other defendants in the case had no comment or did not respond to a request for comment.