Howells v IGI Insurance Company Ltd. [2003] EWCA Civ 3 (13 May 2003)

Howells v IGI Insurance Company Ltd. [2003] EWCA Civ 3 (13 May 2003)

The term 'games' in condition 11 of the insurance policy means any competitive professional football game, including reserve team matches. Participation in five or more such games within twelve months from the commencement of total disablement conclusively deems the insured to be fully rehabilitated, barring any claim for permanent total disablement. The policy insures against disablement from the occupation of professional footballer, not from playing at a particular level.

Citation
[2003] EWCA Civ 3
Parties
Claimant/appellant: David Howells; Defendant/respondent: IGI Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
13 May 2003
Procedural Posture
Appeal From Summary Judgment (cpr Part 24) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Policy Interpretation, Permanent Total Disablement, Professional Sports Insurance, Summary Judgment
Insurance Law Contract Law Policy Interpretation Permanent Total Disablement Professional Sports Insurance Summary Judgment

Case Brief

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Parties

David Howells

Claimant/appellant

IGI Insurance Company Limited

Defendant/respondent

Procedural Posture

Appeal From Summary Judgment (cpr Part 24) / Court of Appeal Judgment

Legal Issues

  1. 1 Proper construction of 'games' in insurance policy condition 11
  2. 2 Scope of 'Occupation' for permanent total disablement
  3. 3 Effect of participation in reserve team games on insurance claim

Ratio Decidendi

The term 'games' in condition 11 of the insurance policy means any competitive professional football game, including reserve team matches. Participation in five or more such games within twelve months from the commencement of total disablement conclusively deems the insured to be fully rehabilitated, barring any claim for permanent total disablement. The policy insures against disablement from the occupation of professional footballer, not from playing at a particular level.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, subject to detailed assessment if not agreed