An insurance company is refusing to pay out a £400,000 claim to the widow of a motor cycle accident victim because he had a mistress and his marriage would not have lasted.

The soldier's wife did not know about the other woman, who lives in York, until he died in the crash with his lover riding pillion, the High Court was told yesterday.

Sadie Dalziel, 30, told a judge at the court in London she had "worshipped the ground walked on" by her husband, Jason, and was shocked to discover his double life.

Elizabeth Simpson, who survived when the 1,000cc motor bike crashed, in Hull, in 1996, also had no idea that there was a wife, and considered herself his fiancee, the court was told.

Lance Corporal Dalziel, who was 25, and was due to start a tour of duty in Kosovo, also left a daughter, Caris, now aged five.

Mrs Dalziel, of Rochester Road, Burham, Kent, wants damages from the other driver involved, Gary Donald, from Doncaster. His insurers have admitted 80 per cent liability, but say the widow should have only modest damages because her marriage was "unlikely to have survived".

Mrs Dalziel told Deputy High Court Judge Robert Moxon-Browne that she never suspected the man she married in 1995 was having an affair.

She insisted that if he had survived she would have stayed with him, even if she had discovered about the other woman.

Howard Elgot, representing Mr Donald, told the judge that Miss Simpson, of Shiptonthorpe, near York, had been told by the soldier that he would move to Yorkshire to be near her when he returned from Kosovo in late 1996.

Mr Elgot said Mr Dalziel began his relationship with Miss Simpson in January 1995, and proposed marriage to her in November the same year, just eight months after marrying his wife.

He said the soldier had disciplinary problems in the Army and his career had also been unlikely to survive.

He had run up large debts before his death, and Mr Elgot said he was a rogue who preferred to spend his money on himself, rather than his family.

The widow's lawyers are arguing that both she and her daughter were dependent on Mr Dalziel, and are entitled to substantial compensation for his death.

The hearing continues today