Personal accident insurance

Pre-existing injury

In Blackburn Rovers Football and Athletic Club plc v Avon Insurance plc [2005] EWCA Civ 423, [2005] Lloyd’s Rep IR (forthcoming), the Court of Appeal concluded that an exclusion in a personal accident policy for losses directly or indirectly caused by preexisting injuries is to be construed according to its terms. Accordingly, the exclusion applied even though the pre-existing injury was one which affected the majority of the population.