Source: All England Reporter
Publisher Citation: [2002] All ER (D) 34 (Nov)
Court: Court of Appeal, Civil Division

Peter Gibson, Hale and Keene LJJ

Representation Ruth Downing (instructed by A J Hows & Associates, Harlington) for the claimant.
  Jonathan Bellamy (instructed by Penningtons, Basingstoke) for the insurance company.
Judgment Dates: 5 November 2002


Insurance - Insurance policy - Construction - Incapacity - Health insurance scheme - Judge finding claimant entitled to payment under insurance scheme on basis of incapacity.

The Case

On the proper construction of the terms of an insurance policy, and on the facts of the instant case, a judge had been entitled to find that a claimant had been unable to follow any occupation and had therefore remained entitled to the payment of benefit under the terms of the policy.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.