Blackburn Rovers Football & Athletic Club Plc v Avon Insurance Plc & Ors

Blackburn Rovers Football & Athletic Club Plc v Avon Insurance Plc & Ors

Degenerative changes typical of the population or of professional footballers are not to be disregarded for the purposes of the policy exclusion; the exclusion applies to all degenerative conditions, whether typical or not, subject to proper application of causation principles.

Parties
Claimant / Respondent: Blackburn Rovers Football & Athletic Club PLC; Defendant / Appellant: Avon Insurance PLC & Ors
Jurisdiction
England and Wales
Judgment Date
20 April 2005
Procedural Posture
Civil Appeal / Appeal From High Court Preliminary Issue Determination
Outcome
Appeal allowed
Legal Topics
Policy Construction, Exclusion Clauses, Causation in Insurance, Permanent Disablement, Degenerative Conditions
Insurance Law Contract Law Policy Construction Exclusion Clauses Causation in Insurance Permanent Disablement Degenerative Conditions

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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Blackburn Rovers Football & Athletic Club PLC

Claimant / Respondent

Avon Insurance PLC & Ors

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Preliminary Issue Determination

Legal Issues

  1. 1 Whether degenerative changes typical of the population or professional footballers are to be disregarded for the purposes of the insurance policy exclusion
  2. 2 Proper construction of the exclusion clause relating to degenerative conditions
  3. 3 Application of causation principles to insurance exclusions

Ratio Decidendi

Degenerative changes typical of the population or of professional footballers are not to be disregarded for the purposes of the policy exclusion; the exclusion applies to all degenerative conditions, whether typical or not, subject to proper application of causation principles.

Court Disposition

Appeal allowed

Orders

  • A negative answer is given to the question whether degenerative changes typical of the male population or of top-class professional footballers are to be disregarded for the purposes of the policy.