Editor's note: Click here to read NU's September cover feature tackling the red-hot issue of concussion-related brain injuries.

The National Football League today settled its concussion-related lawsuit with former players for $765 million, but it remains unclear whether the settlement includes a deal with the NFL's insurers, which have fought in suits in New York and California to escape liability in the cases.

American International Group Inc., The Travelers Cos. Inc., XL Group P.L.C. and the Firemen's Fund are among the insurers involved in the case.

Spokesmen for Traveler's and AIG did not comment.

Brian McCarthy, a spokesman for the National Football League, said, “There is no agreement with the insurance carriers.”

The settlement between the NFL and the players was approved today by Judge Anita B. Brody in U.S. District Court in Philadelphia this morning. It is related to claims filed in 2011 in multiple states by dozens of former players against the NFL alleging they suffered concussions, brain damage and neurological injuries during games dating back to the 1950s.

Brody acted on the basis of a report filed by a court-appointed mediator, Judge Layn Phillips, a former U.S. District Court judge, according to a court filing.

“Rather than litigate literally thousands of complex individual claims over many years, the parties have reached an agreement that, if approved, will provide relief and support where it is needed at a time when it is most needed,” Phillips said in announcing the settlement.

The proposed settlement provides for a payment by the NFL defendants of $765 million to fund medical exams, concussion-related compensation, and a program of medical research for retired NFL players and their families, as well as to pay certain litigation expenses. In addition to this, the NFL will pay court-approved attorneys' fees.

In her filing, Brody said, she would reserve judgment “on the fairness, reasonableness, and adequacy of the settlement until the motions for preliminary and final approval of the settlement are filed.”

In May, an intermediate appellate court in California granted a stay to 32 insurers being sued by the NFL. The lawsuit was filed last August, and argued the insurers are liable for claims being filed by the players. The insurer defendants have stated, among other things, that their liability is limited under state workers' compensation exclusive remedy laws.

In New York State Supreme Court, several subsidiaries of Travelers Cos. Inc. sued the NFL and a host of other insurers a week after the NFL lawsuit was filed in California. That suit seeks to avoid paying to defend the league against the brain injury-related claims filed by the former players and their families.

According to the Travelers lawsuit, the company provided liability coverage for NFL Properties, the league's merchandising arm, but not the NFL, and should not be required to pay for a joint defense. The insurer points out that a “master complaint” filed jointly by some 2,000 former players in June alleges 14 counts against the league but only two against NFL Properties.

“Travelers is not required to pay any defense costs of the NFL with respect to the underlying lawsuits,” Travelers said in its lawsuit.

Special Reports /

NFL Settles Players' Concussion Lawsuit, but Insurer Involvement Uncertain

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