Courts / Mayo / Report

Woman sues insurer and former employer over alleged failure to pay out on income protection plan

Summary

A woman has initiated High Court proceedings against Baxter Healthcare and Irish Life Insurance over the alleged refusal to pay benefits under a group income protection scheme. Rose Prendergast ceased employment at Baxter's Castlebar facility in 2002 following the onset of serious health difficulties, including fibromyalgia characterised by chronic widespread pain affecting her legs, back and neck. Her employment was formally terminated in 2008 by mutual agreement. She subsequently claimed benefits under the income protection plan underwritten by Irish Life but alleges her application was wrongfully rejected. Mrs Prendergast, from Claremorris, County Mayo, seeks specific performance of the scheme and damages for breach of contract and misrepresentation. Both defendants deny the claims. Baxter contends it processed the application appropriately and that the refusal decision rested solely with the insurer. Irish Life disputes allegations of negligence. The case continues before Mr Justice Donald Binchy.

Who, what, where, when and why

What: Report matter: Woman sues insurer and former employer over alleged failure to pay out on income protection plan. Procedural stage: hearing_or_decision

When:

• 2015-11-10 Publication

Why: These entities had "refused a valid claim," in order to increase their profits at the end of the year. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report