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The “What If” in Sports

The following article was written by Bryan Jacobs, a financial services representative at MassMutual Financial Group.  Bryan Jacobs may be reached at bryanjacobs@finsvcs.com.

Things happen beyond our control. The most important and overlooked issues are the ones we leave on the back burner that tend to burn us the most when it’s too late. But luckily the NCAA has an excellent program for select student athletes; I am referring to the student-athlete disability insurance program.  Why would an athlete need a policy like this? The answer is easy… It is to ensure they will receive the millions of dollars they would be entitled to if they are hurt and can’t play. But why would they need this in college, as they are not getting paid? Well, this protects future earnings that they might be entitled to.

Most disability policies are bought before the players are even seniors in college, and after draft experts as well as the insurers are able to predict where the student athlete will fall in the next draft. You can not guarantee that a person will never become injured or disabled, especially the way college athletes play the game…and yes, they occasionally party.

The NCAA’s disability insurance program is for exceptional student-athletes in the sports of football, men’s and women’s basketball, baseball and men’s ice hockey. The NCAA program enables qualifying student-athletes, as approved by the program administrator, to purchase disability insurance contracts with pre-approved financing, if necessary (As stated on the NCAA web site). This program allows the student-athlete the opportunity to protect against future loss of earnings as a professional athlete, due to a disabling injury or sickness that may occur during the collegiate career. These policies are not black and white; there are a lot of variables to consider. Some of the most important things to review about these contracts are just the definitions of what the companies consider a disability.

The student-athlete who gets this policy must make sure that everything is shown to the NCAA as well as the compliance office in the university. This should avoid potential problems that might occur in the future.

Some of the student athletes that have taken out policies such as these include three players on Florida’s 2006 men’s national championship basketball team: Joakim Noah, Al Horford and Corey Brewer. Others athletes include Alabama running back Mark Ingram, Georgia receiver A.J Green and LSU cornerback Patrick Peterson just to name a few.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.