Johnson v American Home Assurance Co [1998] HCA 14

Johnson v American Home Assurance Co [1998] HCA 14

The appellant had not demonstrated the insured event of permanent total loss of use of one limb because the trial judge found that, with an orthotic or thong, he used his foot and ankle to walk, stand, bear weight, go up and down steps, squat and move backwards; those findings meant that he had not totally lost the use of the right foot within the policy.

Jurisdiction
Australia
Procedural Posture
Insurance Policy Claim; Appeal by Special Leave / High Court Appeal From the Full Court of the Supreme Court of Western Australia After Dismissal of the Insured's Claim at Trial and on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
['construction of Insurance Policy' 'permanent Total Loss of Use of a Limb' 'use of Orthotic Aids' 'personal Injury Insurance']
['insurance Law' 'contract Law'] ['construction of Insurance Policy' 'permanent Total Loss of Use of a Limb' 'use of Orthotic Aids' 'personal Injury Insurance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Insurance Policy Claim; Appeal by Special Leave / High Court Appeal From the Full Court of the Supreme Court of Western Australia After Dismissal of the Insured's Claim at Trial and on Appeal

Legal Issues

  1. 1 ['Whether the appellant had suffered "Permanent Total Loss of use of one limb" within the meaning of the individual injury and sickness insurance policy.' "Whether the assessment of loss of use of the appellant's foot should take account of his ability to walk, stand and squat with the aid of an orthotic or thickened thong."]

Ratio Decidendi

The appellant had not demonstrated the insured event of permanent total loss of use of one limb because the trial judge found that, with an orthotic or thong, he used his foot and ankle to walk, stand, bear weight, go up and down steps, squat and move backwards; those findings meant that he had not totally lost the use of the right foot within the policy.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']