Miley v Friends Life Ltd

Miley v Friends Life Ltd

The claimant has discharged the burden of demonstrating that he suffers from CFS at a level sufficiently debilitating to entitle him to benefits under the policy. He has not deliberately fabricated or exaggerated his disability, and his subjective assessment is not materially worse than the objective truth. The defendant's allegations of dishonesty and misrepresentation are not supported by the evidence.

Parties
Claimant: Charles Thomas Miley; Defendant: Friends Life Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2017
Procedural Posture
Civil / Judgment
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Income Protection Policy, Chronic Fatigue Syndrome, Misrepresentation, Fraud, Restitution
Insurance Law Contract Law Income Protection Policy Chronic Fatigue Syndrome Misrepresentation Fraud Restitution

Case Brief

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Parties

Charles Thomas Miley

Claimant

Friends Life Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to payments under an income protection policy due to chronic fatigue syndrome
  2. 2 Whether the claimant made misrepresentations regarding his income
  3. 3 Whether the claimant exaggerated or fabricated his illness

Ratio Decidendi

The claimant has discharged the burden of demonstrating that he suffers from CFS at a level sufficiently debilitating to entitle him to benefits under the policy. He has not deliberately fabricated or exaggerated his disability, and his subjective assessment is not materially worse than the objective truth. The defendant's allegations of dishonesty and misrepresentation are not supported by the evidence.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Judgment for the claimant in respect of payments not received since September 2013 up to 26 July 2017 together with interest
  • No declaration in respect of payments after 26 July 2017