The decision of a former Avalanche left winger to take on his self-described role as a team “enforcer” disqualified him from collecting on his insurance injury policy, the Colorado Court of Appeals ruled Thursday.
Warren Rychel sued Lloyd’s of London for its failure to pay after an injury to his left hand during a hockey fight in Vancouver on Dec. 17, 1998, against the Canucks.
After Douglas County District Judge Paul King dismissed the lawsuit, Rychel appealed to the Colorado Court of Appeals. He said the dismissal of the lawsuit before the trial was wrong.
Lloyd’s denied the claim, saying the policy clearly stated Rychel would be compensated only from an unexpected event or if he was totally disabled.
Rychel claimed although his position on the ice was left wing, his role was that of “enforcer,” which required him to play a particularly tough game and to engage in fights with opposing players.
He contended his injury prevented him from forming a tight fist and made it impossible for him to fight effectively. Because he could not fight, Rychel said, the Avs and other NHL teams did not sign him.
Rychel argued he’s entitled to coverage because he is totally disabled from participating in professional hockey as an enforcer.
But King dismissed the suit because the policy said Rychel could only recover if there was an “accident,” defined as a “single, sudden and unexpected event.”
King ruled the event that caused Rychel’s injury wasn’t an accident.
King said Rychel couldn’t claim a fistfight was an unexpected event. Although Rychel may not have expected his hand to get caught in the other player’s sweater and be injured, that didn’t matter, King said. The event was not unexpected because Rychel’s actions precipitated or intentionally contributed to it, he added.
The Court of Appeals agreed.
Patricia Thatcher, the Denver lawyer representing the insurance company, said Lloyd’s was pleased with the ruling.
“I think this really turned on the fact that if you are going to get in a fight, you might get hurt,” Thatcher said.
Attorneys for Rychel declined comment.
Rychel played part of three seasons with the Avalanche and was on the 1996 team that won the Stanley Cup. He has been a scout with the Phoenix Coyotes since 2001 and lives in Tecumseh, Ontario.
Rychel was in 33 fights from 1995-99, according to hockeyfights.com. His injury occurred during a fight with Murray Baron of the Canucks.
Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com.
