Post by TheShadow on Sept 29, 2005 18:51:21 GMT -5
www.insidebayarea.com
By Paul T. Rosynsky, STAFF WRITER
OAKLAND — Hoping to recover millions of dollars it paid attorneys during a yearslong legal battle with the Oakland Raiders — and possibly the $34 million a jury said it owes the team — the board that once ran the Coliseum complex has sued its insurer for the cash.
In a lawsuit filed last Friday, the Oakland-Alameda County Coliseum Inc. said National Union Fire Insurance Co. and eight other firms should pay attorneys' fees and the judgment awarded to the Raiders at the conclusion of a four-month trial in 2003.
The lawsuit stems from a series of court clashes between the Coliseum board and the Raiders that began about two years after the team returned to Oakland from Los Angeles.
The lawsuit eventually resulted in a jury awarding the Raiders $34 million in 2003 after it concluded the Coliseum board had lied to the team about ticket sales when team owner Al Davis signed a 15-year lease to play in Oakland. That verdict is being appealed.
Alameda County Counsel Richard Winnie said the county and the city of Oakland are negotiating with the National Union Fire Insurance Co. for the cash. He said the lawsuit was filed to keep the governments' options open should negotiations fail.
"We've been in discussions with the insurance companies ... it is just that the statue of limitations is getting close," he said. "This is really just to protect the statue of limitations ... we are not assuming that we cannot reach an agreement."
The Coliseum board claims in the lawsuit that the insurance company should pay attorneys' fees as well as the $34 million award, should the appeals court side with the Raiders.
According to the lawsuit, the Coliseum board took out liability insurance through National Union Fire Insurance Co. in July 1995 and was covered through July 1997. At the same time, the board took out additional insurance with eight other companies for similar types of coverage.
Because the Raiders sued over actions the board took in 1995, the company should pay any damages resulting from that time, the lawsuit states.
Joe Norton, spokesman for the insurance company, said the firm has not seen the lawsuit and cannot comment.
The lawsuit comes as officials from Oakland and Alameda County are discussing possible solutions to the Raiders' ticket sales problems with team representatives.
After this year, fans who bought Personal Seat Licenses in 1995 good for 10 years will have to pay to renew the licenses an additional five years for the right to buy season tickets.
If a new deal isn't cut, fans will be asked to pay 75 percent of the original PSL cost, for half the time.