Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc & Ors [2006] EWHC 840 (QB) (12 April 2006)

Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc & Ors [2006] EWHC 840 (QB) (12 April 2006)

The court found that Martin Dahlin did sustain an accidental bodily injury on or about 21 October 1997, but that his permanent total disablement was not caused solely and independently of any other cause. The evidence established that pre-existing degenerative disc disease was a proximate cause of his disablement, and thus the policy exclusion applied. The claim failed because the disablement was attributable, at least indirectly, to a degenerative condition, and not solely to the accidental injury.

Citation
[2006] EWHC 840
Parties
Claimant: Blackburn Rovers Football and Athletic Club PLC; Defendant: Avon Insurance PLC; Defendant: Eagle Star Insurance Company Limited; Defendant: AGF Insurance Limited; Defendant: IC Insurance Limited
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Insurance Claim (trial Judgment) / High Court, Queen's Bench Division, Post Court of Appeal Remittal
Outcome
Claim dismissed
Legal Topics
Personal Accident Insurance, Causation, Permanent Total Disablement, Policy Exclusions, Proximate Cause, Professional Sports Contracts
Insurance Law Sports Law Contract Law Personal Accident Insurance Causation Permanent Total Disablement Policy Exclusions Proximate Cause +1 more

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Parties

Blackburn Rovers Football and Athletic Club PLC

Claimant

Avon Insurance PLC

Defendant

Eagle Star Insurance Company Limited

Defendant

AGF Insurance Limited

Defendant

IC Insurance Limited

Defendant

Procedural Posture

Insurance Claim (trial Judgment) / High Court, Queen's Bench Division, Post Court of Appeal Remittal

Legal Issues

  1. 1 Whether Martin Dahlin suffered an accidental bodily injury on or about 21 October 1997 which solely and independently of any other cause occasioned him to suffer Permanent Total Disablement within 24 months under the policy.
  2. 2 Whether the disablement resulted directly or indirectly from degenerative disc disease, thus falling within the policy exclusion.
  3. 3 Whether the claim was established within the policy terms and time limits.

Ratio Decidendi

The court found that Martin Dahlin did sustain an accidental bodily injury on or about 21 October 1997, but that his permanent total disablement was not caused solely and independently of any other cause. The evidence established that pre-existing degenerative disc disease was a proximate cause of his disablement, and thus the policy exclusion applied. The claim failed because the disablement was attributable, at least indirectly, to a degenerative condition, and not solely to the accidental injury.

Court Disposition

Claim dismissed

Orders

  • Claim for £4,000,000 under the policy is dismissed.
  • No order for payment under the insurance policy.