Did you disclose this condition or not? It is absolutely fundamental as to whether your claim will succeed if it gets to court.
It is not to do with whether this leak caused the illness which prevented you flying. That is relatively easy to disprove using expert medical evidence which you already have. Presumably any other medical expert would come up with the same conclusion.
What is extremely relevant is whether they would have taken the risk on in the first place if you had disclosed the leaky valve.
If they can prove that their normal underwriting criteria are that they do not take on people with this condition, then your claim will fail.
This is where it becomes problematical for you because, of course, now they are going to say that had they known about this (if you did not disclose it) they would not have taken the risk on in the first place. You would need to speak to some other insurers or a medical insurance underwriting expert, to find out whether this is a normal risk which is of concern for them or not and use that evidence to support any claim.
If you did disclose the condition on the application form, they took the risk, and even if the condition caused the illness which stopped you flying, they still have to pay.
Because of the amount of money involved, they are not likely to give up without a fight and this could be potentially quite risky if it gets to court because if you lost for any reason, you could end up paying substantial legal costs.
Can I clarify anything further for you?
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