The plaintiff suffered a coronary thrombosis partly as the result of an accident caused by the defendant’s negligence and partly as a result of a pre-existing medical condition. He was a market trader, the one man in a one-man business, a limited company. But he did not have the beneficial ownership of all the shares in that company. Fifty per cent of those shares were held in trust for his children. ‘The form in which he took the profits was by way of director’s fees which were voted to him annually, but the amount so voted was decided by him, in consultation with his accountant, and was quite properly influenced by tax considerations’
Held: The true measure of his loss was the reduction in the net profit of the company caused by his injuries, and was not restricted to 50% of those profits. The insured
Judges:
Fisher J
Citations:
[1969] 1 Lloyds Rep 281
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, Damages
Updated: 30 April 2022; Ref: scu.219698