Second insurance company suit goes forward on statute of limitations decision
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Lance Armstrong flanked by his US Postal teammates at the 1998 race (Image credit: AFP)
Lance Armstrong speaks with Oprah Winfrey in his first interview since he was stripped of his seven Tour de France titles and banned for life following the USADA investigation into doping by Armstrong and his US Postal Service team.(Image credit: AFP Photo /Harpo Studios, Inc/George Burns)
Somewhat ironically, Lance Armstrong was much like Greg LeMond in his embrace of aerodynamic technology.(Image credit: Bettini Photo)
Lance Armstrong can be subjected to a lawsuit from a second insurance company seeking to recoup bonuses paid to the Texan during his Tour de France reign.
According to the Associated Press, Travis County judge Darlene Byrne denied a request to dismiss a $3 million suit from Acceptance Insurance Holdings, which was contracted to pay Armstrong's bonuses for his now-disqualified victories in the 1999, 2000 and 2001 Tours de France.
Armstrong's attorneys argued that any statute of limitations on breach of contract or fraud expired in 2011, but AIH argued that the timing only started when Armstrong publicly admitted to doping in January of this year.
With that ruling, Mark Kincaid, the attorney for AIH said he will move to question Armstrong under oath.
"Lance Armstrong would be the number one witness," Kincaid said to AP.
The case of AIH is similar to that of SCA Promotions with one exception: SCA Promotions went after Armstrong in 2005 after allegations of doping were levelled against him by journalist David Walsh and his L.A. Confidentiel author Pierre Ballester, and the two sides settled out of court.
While it is still to be decided whether the settlement can be undone, a point which Armstrong's attorneys argue is not possible under Texas law, the suit from AIH has no such issues.
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"That's an obstacle they have to overcome that we don't," Kincaid said.
The $3 million suit is just a drop in the bucket of actions against Armstrong since the US Anti Doping Agency successfully stripped him of all seven Tour titles following a lengthy investigation into doping on his teams. The US Federal government is seeking to recoup the funds provided by the U.S. Postal Service and can impose penalties of more than $100 million.
