It was argued that a particular exception clause should be disregarded altogether because it would deprive the insured of the benefit of one particular head of cover.
Held: The repugnancy doctrine only entitles the court to disregard an exception clause if the contract as a whole would otherwise be virtually reduced to a declaration of intent
Judges:
Lord Justice Chadwick, Lord Justice Longmore, Sir Philip Otton
Citations:
[2001] EWCA Civ 780, [2001] 1 Lloyds Rep 793
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 01 June 2022; Ref: scu.160041