(USA Herald) – Former NFL defensive lineman Sharrif Floyd is taking a stand against insurance companies in a lawsuit filed in Florida federal court. Floyd claims that he is owed at least $10 million from either Endurance American Specialty Insurance Co. or TDC Specialty Insurance Co. for a settlement reached with the Andrews Institute Ambulatory Surgery Center LLC over complications from knee surgery that ended his football career.
According to the complaint, the settlement reached with Andrews Institute was for an undisclosed amount and was covered by a total of $27 million from the practice’s insurers. However, Floyd says that the insurance companies have only provided $17 million in coverage, leaving a $10 million shortfall.
If the insurers are not held responsible, Floyd is seeking to hold the insurance brokers for Andrews Institute, USI Insurance Services LLC, and Marsh USA Inc. responsible for the shortfall based on allegations of their failure to secure the appropriate amount of coverage.
In September 2016, Floyd underwent arthroscopic knee surgery at Andrews Institute, which resulted in complications that ended his NFL career. In November 2018, he filed a $180 million malpractice claim against Andrews Institute, which was settled in 2022 for an undisclosed amount above $27 million.
Floyd’s lawsuit alleges that the insurance events began in March 2017 when an article was published about the potential impact of the surgery on Floyd’s career. USI, acting on behalf of Andrews Institute, notified Arch Specialty Insurance Co. of the article and potential malpractice claim the next month. Arch agreed to pay the $2 million limit of its policy, while Endurance denied coverage, instead paying out under a separate excess policy that included $15 million in coverage.
Floyd argues that Endurance should have paid out under its 2016-17 policy and that TDC should have contributed under its excess policy for the 2017-18 period, which offered $10 million in coverage. If these insurers are not held responsible, Floyd is also suing USI and Marsh for breach of contract, breach of fiduciary duty, and negligence.
The lawsuit is designed to determine which of the four defendants is responsible for the $10 million shortfall, with Floyd being represented by a team of experienced attorneys. Meanwhile, Endurance is represented by Carlton Fields PA, USI by Saul Ewing LLP, and Marsh by Quarles & Brady LLP.
In the end, this lawsuit serves as a reminder of the importance of securing the appropriate amount of coverage for settlements and the consequences that can result from insurers and brokers failing to do so.
