NFL football is not a “product” for the products-completed operations aggregate, First Department holds in concussion coverage fight

Holding The court held that NFL football does not constitute a ‘product’ under the Products Completed Operations Hazard (PCOH) definition, thereby excluding the claims from the PCOH aggregate limit. Additionally, the court determined that each player’s injury constitutes a separate occurrence, meaning the AGLIC excess policy was not triggered, and found the NFL’s settlement reasonable while rejecting the ‘no loss’ defense based on club indemnification.

Why it matters

Clarifies that intangible services like professional sports are not ‘products’ under PCOH insurance definitions

Applies the ‘unfortunate event’ test to determine multiple occurrences in mass tort concussion litigation

Addresses the ‘no loss’ defense in the context of unincorporated associations and member indemnification

The court’s words

the underlying concussion injury claims do not fall within the PCOH coverage, and the PCOH aggregate limit does not apply

2026 NY Slip Op 05595, at the official text

the underlying players' injury claims constitute multiple occurrences under the AGLIC policy

2026 NY Slip Op 05595, at the official text

the NFL's MDL settlement reasonable

2026 NY Slip Op 05595, at the official text

A payment by its members is a payment by the insured entity

2026 NY Slip Op 05595, at the official text