Fi­nancier with chronic fa­tigue wins his case against in­sur­ers

Birmingham Post - - NEWS -

A FI­NANCIER who said he could not do his job be­cause of chronic fa­tigue syn­drome (CFS) has won his High Court case against an in­sur­ance com­pany.

Charles Mi­ley started work for Piper Jaffray as head of in­sti­tu­tional eq­uity sales in March 2006 and be­came en­ti­tled to cover pro­vided un­der a per­ma­nent health in­sur­ance scheme now op­er­ated by Friends Life.

Af­ter Mr Mi­ley, 51, con­tracted a ch­est in­fec­tion in 2008, he was di­ag­nosed as suf­fer­ing from glan­du­lar fever, strug­gled to work to his ear­lier level and was re­peat­edly signed off sick be­cause of his re­ports of de­bil­i­tat­ing fa­tigue.

In 2009 he made a claim un­der the pol­icy, but four years later, the in­surer stopped pay­ing – as­sert­ing that Mr Mi­ley had sig­nif­i­cantly mis­rep­re­sented the level of his symp­toms.

He went to court to re­cover the money which he said ought to have been paid since Septem­ber 2013.

In Lon­don on Wed­nes­day, Mr Jus­tice Turner said Mr Mi­ley, of Rugby, was en­ti­tled to pay­ments from that date up to July 26, 2017.

He added that Mr Mi­ley “has dis­charged the bur­den of demon­strat­ing that he suffers from CFS at a level suf­fi­ciently de­bil­i­tat­ing to en­ti­tle him to the req­ui­site ben­e­fits un­der the pol­icy.

“I find that he has not de­lib­er­ately fab­ri­cated or ex­ag­ger­ated the ex­tent of his dis­abil­ity and that his sub­jec­tive as­sess­ment of the sever­ity of his con­di­tion is not ma­te­ri­ally worse than the ob­jec­tive truth.”

Later, Mark Ron­del of law firm EMW, said Mr Mi­ley’s con­di­tion meant that on some days he could not get up from the sofa.

“To deal with this on top of deal­ing with a court case and the loss of his fi­nan­cial se­cu­rity has been ex­tremely dif­fi­cult for him and his fam­ily,” he said.

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