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NATL. FOOTBALL v. VIGILANT

36 A.D.3d 207 (2006)

824 N.Y.S.2d 72

NATIONAL FOOTBALL LEAGUE, Appellant, v. VIGILANT INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 2006.

Attorney(s) appearing for the Case

Covington & Burling, Washington, DC (Mitchell F. Dolin, of the District of Columbia bar, admitted pro hac vice, and Jenny C. Ellickson of counsel), and Covington & Burling, New York City (Michael C. Nicholson of counsel), for appellant.

DLA Piper Rudnick Gray Cary US LLP, New York City (Joseph G. Finnerty III, Aron Egan Weiss and Eliot J. Kirshnitz of counsel), for respondent.

SULLIVAN, J.P., WILLIAMS, CATTERSON and McGUIRE, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

This appeal requires us to determine whether a former college football player's antitrust lawsuit against the National Football League (NFL) challenging the NFL's draft eligibility rule falls within the employment practices exclusion of an insurance policy issued by defendant Vigilant to the NFL. We find that because the employment practices exclusion is subject to a reasonable interpretation that would render it inapplicable...

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