Napier v Unum Ltd (QBD)

(1996) 7 Med LR 349

QUEEN'S BENCH DIVISION

and Mr Justice TUCKEY

Insurance — Health policy — “Total inability of the insured by reason of sickness to follow his occupation” — Plaintiff ceasing employment due to fibromyalgia — Insurers disputing plaintiff's entitlement to benefit — Whether insurers” view of plaintiff's condition conclusive provided it was reached in good faith — Whether insurers entitled to recover overpaid benefit when they overlooked term of policy