Source: All England Reporter
Publisher Citation: [2003] All ER (D) 150 (May)
Court: Court of Appeal, Civil Division

Potter, Mummery and Arden LJJ

Representation Jonathan Crystal (instructed by Cramers, Leeds) for the claimant.
  Jonathan Bellamy (instructed by Freeth Cartwright, Nottingham) for the defendant.
Judgment Dates: 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.

The Case

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.

Practice Areas

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