Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc & Ors [2004] EWHC 2625 (Comm) (15 November 2004)

Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc & Ors [2004] EWHC 2625 (Comm) (15 November 2004)

Exclusion 4 must be construed as referring only to abnormal degenerative conditions of sufficient severity to amount to an illness, not to normal ageing or ordinary wear and tear; normal degenerative changes do not preclude indemnity under the policy.

Citation
[2004] EWHC 2625 (Comm)
Parties
Claimant: Blackburn Rovers Football and Athletic Club PLC; Defendant: Avon Insurance PLC; Defendant: Eagle Star Insurance Company Ltd; Defendant: AGF Insurance Ltd; Defendant: IC Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
15 November 2004
Procedural Posture
Commercial Insurance Dispute / Preliminary Issues Trial
Outcome
Preliminary issues decided in favour of the claimant.
Legal Topics
Policy Interpretation, Exclusion Clauses, Accidental Bodily Injury, Degenerative Conditions
Insurance Law Contract Law Policy Interpretation Exclusion Clauses Accidental Bodily Injury Degenerative Conditions

Case Brief

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Parties

Blackburn Rovers Football and Athletic Club PLC

Claimant

Avon Insurance PLC

Defendant

Eagle Star Insurance Company Ltd

Defendant

AGF Insurance Ltd

Defendant

IC Insurance Ltd

Defendant

Procedural Posture

Commercial Insurance Dispute / Preliminary Issues Trial

Legal Issues

  1. 1 Construction of Exclusion 4 in insurance policy
  2. 2 Whether normal degenerative changes preclude indemnity
  3. 3 Application of contra proferentem rule

Ratio Decidendi

Exclusion 4 must be construed as referring only to abnormal degenerative conditions of sufficient severity to amount to an illness, not to normal ageing or ordinary wear and tear; normal degenerative changes do not preclude indemnity under the policy.

Court Disposition

Preliminary issues decided in favour of the claimant.

Orders

  • Exclusion 4 does not preclude indemnity for disablement caused by normal degenerative changes.
  • Policy must be construed to exclude only abnormal degenerative conditions.