Courts / Mayo / Report

Woman settles action against former employer and insurer over income protection payments

Date
2015-11-12

Stage
Hearing Or Decision

Primary locality
Castlebar

County
Mayo

Summary

A woman from Claremorris, County Mayo, has settled her High Court action against her former employer and an insurance company over disputed income protection payments. Rose Prendergast ceased work at Baxter Healthcare's Castlebar facility in 2002 following a diagnosis of Fibromyalgia, a condition causing chronic widespread pain. Her employment was terminated by mutual agreement in 2008. She subsequently applied for benefits under a group income protection plan underwritten by Irish Life Insurance, but her claim was refused. Mrs Prendergast pursued legal proceedings seeking specific performance of the income protection plan, damages for breach of contract, and damages for alleged misrepresentation. Both defendants denied the claims. The settlement was reached on the third day of the High Court hearing before Mr Justice Donald Binchy. Terms of the settlement remain confidential and were not disclosed in open court.

Who, what, where, when and why

What: Report matter: Woman settles action against former employer and insurer over income protection payments. Procedural stage: hearing_or_decision

When:

2015-11-12 Publication

Why: Counsel said an award of exemplary damages should be considered by the court because the refusal to pay out the claim as being "utterly unfair" and "utterly unjustified". CNI source report