||All England Reporter
|| All ER (D) 150 (May)
||Court of Appeal, Civil Division
Potter, Mummery and Arden LJJ
||Jonathan Crystal (instructed by Cramers, Leeds) for the claimant.
||Jonathan Bellamy (instructed by Freeth Cartwright, Nottingham) for the defendant.
||13 May 2003
Insurance - Insurance policy - Construction - Deeming condition - Claimant suffering injury during professional football match and making claim for total disablement under sports protection policy - Claimant playing games of football for reserve team following injury - Judge finding word 'games' in deeming condition applying to any competitive game so that claimant deemed to be rehabilitated - Judge finding no claim payable under insurance policy - Correctness of decision.
In a claim for payment under a professional sports protection policy, where the claimant had suffered total disablement after injury during a football match, the judge had been entitled to construe the word 'games' in a deeming condition as meaning professional, competitive games, which included the reserve games the claimant had played in against another club, rather than games played at a similar level, so that the claimant was deemed to have been rehabilitated and no claim was payable under the policy.
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