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Insurance company sues to prevent Bryan Berard from recouping settlement money

Tim Fuller / US Presswire

Standard Security Live Insurance Company of New York took pre-emptive action against former NHL defenseman Bryan Berard, who wants to recoup the $6 million he paid back upon his return to the league following a serious eye injury.

Berard's was hit with a high stick in March 2000, causing enough damage to eventually cost him his sight in his right eye. He missed the entire 2000-01 season before returning to hockey.

In a complaint filed Thursday, the insurance company claims a waiver signed by Berard prevents him from attempting to recoup the money he repaid, but according to Berard, his original policy did not include language requiring him to repay the money and the clause was added because of other insurance policies issued by the NHL and NHLPA.

"They saw the (other) policies and basically slipped it in," Berard told the New York Daily News.

Berard admits to signing the waiver but says he did not know what he was signing at the time. He was completely unaware of the discrepancy in his policy until a lawyer pointed it out during an unrelated hearing in 2013.

"I was 23 years old," Berard said. "The private policy was different from the policies issued through the (the NHL’s) collective bargaining agreement."

According to the complaint, Berard is seeking $18 million including interest and damages. The insurance company is seeking an injunction and a declaratory judgement preventing Berard from pursuing his claim.

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