"The Astros took the position that Bagwell was totally disabled in January 2006 even though he played in September and October 2005," he [Ty Buthod, the attorney handling the matter] said. "Connecticut General determined that there had been no adverse change in Mr. Bagwell's condition between the end of last season and the date the policy terminated on Jan. 31, 2006."
Buthod also noted that Bagwell's position in the contract was listed as "professional baseball player-non-pitcher."
"He was certainly able to perform in that occupation at the end of 2005," Buthod said.
Bagwell is having surgery on his shoulder and will begin the season on the Disabled List and quite likely may not play again.