The claimants sought to claim under an insurance policy with the defendants for the injury suffered in training by a footballer which led to his retirement. The insurers said that the player suffered a pre-existing degenerative condition which was the true cause of the symptoms.
Held: Each expert who had examined the footballer found the pre-existing condition. That evidence was overwhelming, and the disability was caused by the DDD. The claim under the insurance policy failed.
Judges:
Donns J DBE
Citations:
[2006] EWHC 840 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
First hearing – Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc, Eagle Star Insurance Company Ltd, AGF Insurance Ltd IC Insurance Ltd ComC 15-Nov-2004
The claimant football club insured its players through the defendants. A footballer injured himself in training and his career was finished. The insurers rejected the claim, and relied upon exception clauses, saying that the true cause was a . .
At Court of Appeal – Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc and others CA 20-Apr-2005
Exclusion clause in insurance contract. . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 06 August 2022; Ref: scu.240442