Key legal question
Whether the insured was entitled to a daily allowance based on 100% incapacity from 2003-07-01
Extracted holding
No. The file did not establish, with prevailing probability, a 100% incapacity; 50% incapacity remained the supportable assessment.
Extracted reasoning
The insured refused a reasonably requested further medical expertise. The existing file, including the private detective report, did not outweigh the medical evidence supporting only partial incapacity and did not justify disregarding the insurer's assessment.