Caroline Harrison, QC, for Friends Life, said: This account is in marked contrast to surveillance evidence taken only the previous day when Mr Miley was seen driving himself and his dog to and from the pub and enjoying what appeared to be a normal social drink over a period of several hours. Three months later, Mr Miley told a chronic pain specialist he felt rotten after an earlier assessment, had to retreat to a sofa at home and could not walk or read emails, the court heard. Ms Harrison said: Contrary to these assertions, on August 24, 2013, Mr Miley attended a beer festival at a public house for approximately five hours. He socialised without apparent diffic- ulty and after several pints drove himself, his wife and daughter home. Mr Miley, a former amateur triathlete, was entitled to 75 per cent of his 130,000 salary under the policy that was taken out by his employers. He is claiming about 300,000 for the period since payments were stopped in 2013 and wants Mr Justice Turner to rule that Friends Life must continue to pay, subject to his condition improving, until he is 65. This would net him about 2.4 million. Friends Life is counter-claiming to re- coup some or all the cash it has paid. Mr Miley, of Rugby, said that on bad days he lacks the energy to get out of bed or off his sofa. He can do little more than languish in his tracksuit, listening to the radio or watching TV, the court was told. He said that in 2010 the illness dog costumes grew so bad he could not step outside. My wife Rachel would be in the garden on a sunny day and call me out and I wouldnt be able, he said.
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