AN insurance firm has refused to pay out to a brain tumour victim because he did not declare a bump to the head.

James Gustard, 37, was devastated when he was diagnosed with a terminal brain tumour.

But he took a shred of comfort from an insurance policy which would pay out £34,000 to his wife if he contracted a critical illness.

Now he is facing a battle for the cash because the company said he should have declared the blow to the head when he took out the policy.

They refused to pay, even though the blow and the tumour have been found to be unconnected.

Former dairyman Mr Gustard bumped his head when he accidentally ran into a wall at work in February 1997.

He went to a doctor with constant headaches but thought nothing was seriously wrong.

Subsequently, he took out an endowment with Winterthur Life, including cover for critical illness.

He said it was only later that specialists diagnosed a brain tumour.

Mr Gustard , of Chester-le-Street, County Durham, said: "The surgeons told me the blow on the head did not cause the tumour."

But the insurance company has declared his policy null and void and returned the £3,500 already paid in premiums.

James said: "It's my wife, Pamela, I feel for because we have not been married long and she has not had much of a marriage.

"I was told to expect about five years. That was four years ago in 1997 and I am still here."

The couple, who have no children, are awaiting medical reports that may help their case.

But a spokesman for Winterthur said the complaint had been thoroughly investigated and was a clear case of a customer failing to disclose important information.