Insured vs. Insurer: Daily Allowance Cessation Due to Spinal Injury and Obesity

An insured person receiving daily allowances due to work incapacity resulting from spinal injury complicated by obesity challenged the cessation of these benefits by the insurer. The court held that the insurer could not stop paying the daily allowances because the established incapacity for work due to the spinal injury was not nullified by the existence of obesity, which, while a health issue, was not shown to be the sole or supervening cause preventing the claimant from working to the extent that it would negate the initial work-related impairment justifying the benefits under the relevant social security legislation.