Henry Denied Claims Against Former Insurer In Marlins Case

Henry’s Claims Against Lloyd’s Of London Denied By Miami Judge

Miami-Dade Circuit Court Judge Ronald Friedman has denied former Marlins Owner John Henry's claims against Lloyd's of London for P Alex Fernandez' re-injured shoulder in '00, according to Juan Rodriguez of the Ft. Lauderdale SUN-SENTINEL. The decision does not affect the Marlins' current ownership. Friedman ruled that the Marlins "attempted to reap a $2.7[M] profit above and beyond the obligation the Marlins had to compensate" Fernandez, and that Lloyd's was not responsible for 70% of Fernandez' $7M annual salary once Wayne Huizenga sold the team to Henry in '99. Friedman noted the policy "cannot be assigned without the insurer's written consent, which the Marlins never requested and Lloyd's of London never provided." Friedman also ruled that under Henry, the Marlins "committed intentional acts designed to collect more insurance benefits" than they were entitled. Former Marlins Insurance Consultant/Risk Manager David Fortune testified that the Marlins "deliberately failed to disclose pertinent information on both proof of loss forms to both [Lloyd's and The Hartford] insurance companies at the time they were submitting claims against both policies, on the same player, for the same alleged injury" (SUN-SENTINEL, 7/6).