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Friends Life V Miley: Court Of Appeal Finds No Non-Disclosure

Friday 5 April 2019


From US law firm Bryan Cave Leighton Paisner:



Friends Life v Miley: Court of Appeal finds no non-disclosure

By Jonathan Sacher
April 3, 2019
© 2019 Bryan Cave Leighton Paisner LLP.


In Friends Life Limited v Miley, the Court of Appeal (CA) upheld a claim by Mr Miley under a group income protection insurance policy (the “Policy”) through a scheme operated by Friends Life Limited (“FL”). The CA did not accept arguments from FL relating to non-disclosure of material facts. The judgment provides useful discussion on the construction of claimant declarations and the scope for conditioning disclosure obligations.


Miley was employed at an investment bank where he became entitled to the cover under the Policy. After repeated illness and sign off from work, he made a claim that he was unable to do his job owing to the effects of chronic fatigue syndrome (“CFS”).

The claim was originally admitted by FL, however four years later FL stopped making payments, contending that Miley had faked, significantly misrepresented or overstated his symptoms.

First instance decision

The lower court found that Miley had discharged the burden of demonstrating that he suffered from CFS at a level sufficiently debilitating to entitle him to the benefits under the Policy. Miley’s subjective assessment of his condition was not materially worse than the objective truth.


Full article…



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