JOHNSON V IGI INSURANCE COMPANY LTD CRTF 96/0705/C

(1997) 6 Re LR 283

Court of Appeal

Before Lord Justice Stuart-Smith and Lord Justice Henry

Policy - Construction - Medical insurance by finance company - Meaning of “similar gainful occupation” - Whether judge entitled to find that (1) plaintiffs disability prevented him from performing any work for which he was qualified; (2) plaintiff who had had back problems was not suffering from any physical infirmity and was not physically weak or infirm; (3) it was not proved that background of lumbar pain and discomfort would materially have affected granting of insurance.