Courts / Dublin / Report

Widower sues over refusal to pay out life assurance policy

Date
2016-06-09
Stage
Hearing Or Decision
Primary locality
Tallaght
County
Dublin

Summary

Daniel O'Connor, a widower from Kilnamanagh, Tallaght, has filed a High Court claim against Irish Life Insurance Plc after the insurer refused to pay a €300,000 life assurance policy following his wife Ashling's death at age 32 in November 2008. The policy, taken in February 2008, was linked to a mortgage for their home. Irish Life declined payment in June 2009, citing non‑disclosure of Mrs O'Connor's medical investigations in 2004, 2006 and 2008, including a diagnosis of Reynaud's disease and a small left kidney noted in an ultrasound. O'Connor seeks damages, aggravated and exemplary damages for loss, distress and upset caused by the insurer's alleged negligence and breach of contract. He also claims the insurer's refusal led to job loss, mortgage arrears and repossession proceedings by Stepstone Mortgages. Irish Life denies the claims and argues the policy was void due to non‑disclosure, and has counter‑claimed a declaration that it was entitled to void the contract.

Who, what, where, when and why

What: Report matter: Widower sues over refusal to pay out life assurance policy. Procedural stage: hearing_or_decision

When:

Why: Mr O'Connor, represented by Jim O'Callaghan SC with Ted Harding Bl, was informed in June 2009 that the insurer was not paying out on the policy because of a failure to disclose to the insurers medical investigations, tests and treatments the late Mrs O'Connor underwent in 2004, 2006 and 2008 before they had taken out the policy. CNI source report

Case subjects

Stepstone Mortgages

Applicant

Places mentioned

Court Venue
  • High Court
Secondary Mention

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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