Financier with chronic fatigue wins his case against insurers
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.