Lockton have very kindly posted an article on the problem of liability ENIDs. The article is aimed at insurers but also professional insurance buyers – who are their  primary audience.

The current recipe for profit-making populist sport rests on the observation that the fans identify with the players. Player-fan ‘relationships’ are manufactured and tuned to appeal to the paying public. Its all part of the business of making money from sport-related entertainment. Almost by definition then, brain injury in populist contact sports such as ice hockey and American Football is a cause for public concern. Those in charge of sport could benefit from the sympathy generated by claims of degenerative brain disease. By inflaming public opinion the public then act as the voice of the injured player and so the sentimental bond is strengthened. This will be good for the sentimental player-focused business model. But will it be good for the players? One result of the clamor to speak out for the player is the development of blood testing for evidence of possible brain injury. If a player knew they were risking a non-trivial degenerative brain disease in exchange for manu