Howells v IGI Insurance Company Ltd.

Source-derived case information.

Parties: Appellant: David Howells; Respondent: IGI Insurance Company Limited
Jurisdiction: England and Wales
Judgment Date: 13 May 2003
Procedural Posture: Civil Appeal / Appeal From High Court (summary Judgment Under CPR Part 24)
Outcome: appeal dismissed
Legal Topics: Policy Interpretation, Permanent Total Disablement, Professional Sports Insurance

Insurance Law Contract Law Policy Interpretation Permanent Total Disablement Professional Sports Insurance

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

David Howells

Appellant

IGI Insurance Company Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (summary Judgment Under CPR Part 24)

Legal Issues

1 Proper construction of the term 'games' in the insurance policy condition 11
2 Whether participation in reserve team matches constitutes 'games' for the purpose of the policy
3 Whether the policy covers disablement from playing at any professional level or only at first team/Premier League level

Ratio Decidendi

The term 'games' in condition 11 of the policy means any competitive professional football game, including reserve team matches, not limited to first team or Premier League level. Participation in five or more such games within the relevant period triggers the conclusive presumption of full rehabilitation, disentitling the insured from recovery under the policy. The policy insures against disablement from the occupation of professional footballer at any level, not just at the level played prior to injury.

Court Disposition

appeal dismissed

Orders

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

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