Daniel O'Connor sues Irish Life over €300,000 policy

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Daniel O'Connor, a father of three from Kilnamanagh, Tallaght, Dublin, has brought High Court proceedings against Irish Life Insurance plc over its refusal to pay out on a €300,000 life assurance policy.

The couple took out the policy in February 2008 after obtaining a mortgage to purchase their home. His wife Ashling died aged 32 in November 2008 as a result of Systemic Lupus Erythematosus, an autoimmune condition.

Mr O’Connor was informed in June 2009 that the insurer was refusing payment because of non-disclosure of medical investigations, tests and treatments his wife underwent in 2004, 2006 and 2008. He lodged his claim in October 2014 before he had legal representation, the court heard. He seeks damages, including aggravated and exemplary damages, for loss, distress and upset arising from alleged negligence and breach of contract.

The court heard that Mr O’Connor had to give up his job to care for their children and, following the refusal to pay, fell into mortgage arrears. His lender, Stepstone Mortgages, brought repossession proceedings against him.

Irish Life denies the claims. It alleges non-disclosure of a 2004 diagnosis of Reynauds disease and a 2008 ultrasound showing an unusually small left kidney. In a counterclaim, it seeks a declaration that it was entitled to void the contract for non-disclosure.

Pre-trial applications came before Ms Justice Miriam O’Regan at the High Court on 9 June 2016. At Irish Life’s request, she directed Mr O’Connor’s side to serve further and better particulars of his alleged loss within three weeks. She also permitted him to amend his statement of claim to clarify the issues.

The proceedings were reported on 10 June 2016. The case was due to return before the court later that year.