A policy definition of terminal illness as an illness 'highly likely to result in death within 12 months' requires the prognosis to take into account available medical treatment, even though the words 'with treatment' do not appear. The assessment is to be made as at the date of diagnosis, and the fact that the insured subsequently survived beyond twelve months is irrelevant. 'Highly likely' requires more than mere probability and involves an evaluative exercise rather than a purely mathematical calculation.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.