Andre Ward seeks $6.3 million judgment under disability policy

By Scott Shaffer

12/08/2020

Andre Ward seeks $6.3 million judgment under disability policy

Andre Ward's lawsuit to collect on an insurance policy is moving ahead in federal court in California, with summary judgment motions being filed last week. Ward is seeking a $6.3 million payout on a disability insurance policy because, Ward argues, he is totally disabled from competing as a boxer due to a right knee injury. Ward says the injury occurred during an October 2016 sparring session, an unusual time line because Ward defeated Sergey Kovalev twice after that date. Ward fought Kovalev once in November 2016 and again in June 2017, before announcing his retirement and filing the insurance claim. Ward's legal papers described his experience as follows: "after fighting through severe pain, significant swelling, and multiple medical procedures and therapy to keep him in the ring after his injury, in September 2017, Mr. Ward faced the reality of the seriousness of his injury and its debilitating result and announced his retirement from professional boxing."
 
The parties' summary judgment motions will allow the court to assess whether to decide the case based on the papers and evidence that have been filed, or instead whether a full trial is needed. Here is a closer look at the facts of the lawsuit:
 
In December 2015, Ward's promoter, Roc Nation made a premium payment of $91,733.96 to secure a professional athlete disability policy for Ward. The policy, issued by Lloyd’s, provides a $6.3 million lump sum benefit in the event that Ward were to suffer a single, sudden, and unexpected “accident” during the policy period that rendered him “totally disabled” from continuing his career as a professional boxer.
 
In October 2016, during a sparring session at his personal gym in preparation for the first Kovalev bout, Ward says he suffered an unexpected injury to his right knee. Ward described the injury as a “pop” and the worst pain he has ever felt. The following month, Ward fought Kovalev for the world light heavyweight championship, winning a unanimous albeit controversial decision. Kovalev invoked a contractual rematch clause and Ward defeated Kovalev for a second time in June 2017, this time stopping Kovalev. 
 
In September 2017, Ward retired, which in the lawsuit he says is the result of the October 2016 injury. In his retirement announcment at the time, Ward said “his body could no longer handle the rigors of the sport.” At the time, Boxingtalk reported Ward's retirement as follows: Ward told ESPN's first take, "I've been boxing for 23 years and this sport takes a toll on you, and just the accumulative effect of all the training and all of the fights, it just starts to wear on you and when your body starts to wear on you, it takes away your desire. When you don't have the desire and you don't have the ability to go out there and prepare the way you need to, you just shouldn't be in a boxing ring. I've always wanted to retire from the sport and not let the sport retire me and I have that opportunity today."
 
The month after Ward announced his retirement, Roc Nation submitted a claim for insurance benefits under the disability policy. Ward’s treating orthopedic surgeon, Dr. Michael Dillingham, certified that Ward was “incapacitated” from participating in his career as a professional boxer.
 
The papers filed by the insurance companies were heavily redacted (blacked out) so that their full defense could not be discerned by outsiders to the lawsuit. However, the relevant conditions required for Ward to collect under the policy are that "coverage is triggered by a 'Permanent Total Disability' to Ward if it begins within 12 months of the accident or first manifestation of any sickness or disease, and continues without interruption...  Ward [must] remain under the regular care of a physician throughout the duration of the total disability... and ha[ve] a total disability of continuous and indefinite duration that prevents him from ever again participating in his occupation."
 
Ward has not fought since then, although there has been occasional rumors of a comeback. Boxingtalk will continue to follow this lawsuit as it progresses.