Courts / Cork / Report
Widow unable to recover six figure sum awarded for workplace accident
Summary
Helen Guiney, a widow from Kiskeam, Mallow, Cork, was awarded €794,765 in damages after her husband John died in a work‑related accident at a site in Raheen, Carrigaline in November 2000. The award was obtained against his former employer, MJ Manning Construction Ltd., which has since ceased trading. The insurer, UK‑authorised Independent Insurance Company Ltd (IICL), entered provisional liquidation in 2001, and creditors of IICL were expected to recover only 10‑15% of their claims. Mrs Guiney applied to the Insurance Compensation Fund (ICF), established under the 1964 Insurance Act, to recover the balance. In May the Accountant of the High Court refused her application, stating that the policy held by MJ Manning with IICL did not fall within the 1964 Act as amended in 2011, because IICL was liquidated before the amendment. The Accountant also noted that responsibility for the claim lies with UK authorities supervising IICL.
Who, what, where, when and why
What: Report matter: Widow unable to recover six figure sum awarded for workplace accident. Procedural stage: hearing_or_decision
When:
- November 2000 Hearing Or Sentence
- 2014-05-13 Publication
Why: Mrs Guiney, from Sean Moylan Park, Kiskeam, Mallow, Co Cork, was told she might only recover a fraction of the award because the companies insurer, UK authorised Independent Insurance Company Ltd (IICL) went in provisional liquidation in 2001. CNI source report
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