Cook (A P ) v Financial Insurance Company Limited: HL 18 Jun 1998

The claimant sought payment under his insurance policy for a disability. The insurance company declined to pay, saying the injury predated the policy. He was a runner, but had had episodes of breathlessness and angina.
Held: He had visited his doctor for a related condition, but had not received treatment as described under the policy, and a diagnosis was only made after the policy took effect. (Browne Wilkinson and Jauncy dissenting). The word ‘condition’ could not be construed as including symptoms of a generalised kind, which might include any number of different diseases or none, and that the word ‘condition’ meant a medical condition recognised as such by doctors.


Lord Browne-Wilkinson, Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Steyn, Lord Hope of Craighead


[1998] UKHL 42, [1998] 1 WLR 1765


House of Lords, Bailii


England and Wales

Cited by:

CitedMalekout v Allied Dunbar Assurance Plc CA 3-Feb-2004
The claimant appealed refusal of his claim under a Personal Retirement Policy. The issue was as to his right to a waiver of contributions benefit from inception or at all. He had been a dentist, but suffered an injury which became progressively more . .
Lists of cited by and citing cases may be incomplete.


Updated: 23 May 2022; Ref: scu.135161