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Breslin Moves Forward with Disability Insurance Lawsuit Against USC

Morgan Breslin is represented by Bryan Fisher of Fisher Injury Lawyers in the USC action.  Fisher, considered a top NCAA disability and loss of value insurance attorney, also represents Breslin in claims against AmTrust (Lloyd’s of London).  He is a veteran of many NCAA and NFL disability claims and lawsuits and has led the development claims against universities for failing to properly inform, advise and facilitate the purchase of disability and loss of value insurance for student athletes.

LOS ANGELES — A former USC linebacker is suing the university.  Morgan Breslin alleges that school officials misguided him in purchasing a disability insurance policy that turned out to provide inadequate coverage after he was hurt.

Morgan Breslin filed the complaint in Los Angeles Superior Court, alleging breach of contract, fraud and both intentional and negligent interference with prospective economic relations. He is represented in the case by prominent injury and disability lawyer, Bryan Fisher.

A USC representative did not immediately reply to a request for comment.

Now 24, Breslin was designated an exceptional student athlete for the 2013-14 season as part of an NCAA program that encourages athletes to stay in school.  The NCAA designation allows the student athlete to complete their degree program while being offered the chance to buy disability insurance, the suit states.

An insurance broker known to USC for offering quotes for athletic insurance policies proposed to the university staff in January 2013 that Breslin obtain a policy through AmTrust at Lloyd’s, according to his court papers.

According to the suit, Breslin was injured while playing for USC on Sept. 28, 2013, and as a result could not play professional football.

“Contrary to the representations of USC and its underwriters, the issuer of the disability policy Breslin purchased … is now taking the position that the policy is void,” the suit states.

The suit alleges that USC employees falsely led Breslin to believe that the AmTrust policy would protect him in the event he had a career-ending injury while playing for the Trojans. The university staff went so far as to advise him how to fill out the forms to obtain the policy, according to the complaint.

“USC controls all communications between insurers offering athletic insurance policies and the student athlete who will buy the policy,” the suit states. “This is done through USC’s Compliance Department and the training and medical staff.”

USC did not tell the underwriters about Breslin’s injury and did not inform the plaintiff they had not done so, the suit states.

“USC has the responsibility to explain the risks and benefits of athletic insurance policies to the student athlete,” the suit states.



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Source: Los Angeles Daily News