||All England Reporter
|| All ER (D) 34 (Nov)
||Court of Appeal, Civil Division
Peter Gibson, Hale and Keene LJJ
||Ruth Downing (instructed by A J Hows & Associates, Harlington) for the claimant.
||Jonathan Bellamy (instructed by Penningtons, Basingstoke) for the insurance company.
||5 November 2002
Insurance - Insurance policy - Construction - Incapacity - Health insurance scheme - Judge finding claimant entitled to payment under insurance scheme on basis of incapacity.
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.
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