The High Court refused Chubb European Group plc’s application to cancel a direction issued by the Health Insurance Authority (HIA) over its Medicover student medical insurance policy. The court held that the HIA had not erred in treating non-EEA students attending a course in Ireland for more than one academic year as ordinarily resident in the State, and had complied with the statutory requirements for its enforcement notice.
The application was brought under section 18C of the Health Insurance Act 1994. Chubb, a UK-authorised insurer operating in Ireland through a registered branch, was not registered under the Act. Its policy provided medical insurance to non-EEA students and their dependants. Chubb argued that the policy fell within an exception for insurance covering people who were not ordinarily resident in Ireland.
The HIA’s March 2017 enforcement notice said Chubb was contravening section 16 by offering the policy to students whose courses lasted more than one academic year. It directed Chubb either to restrict the policy to students on courses lasting no more than one academic year or to become a registered undertaking. The policy ran for 12 months but could be renewed; the judge noted that Chubb did not limit the total period of cover to one year.
The court rejected Chubb’s argument that the HIA had to decide ordinary residence case by case. It said the regulator had authority to interpret the undefined term and that an individual assessment in every case would be unworkable. The judge also found that study could be a settled purpose for residence, and considered the Act’s amendments and its aim of broad access to health insurance without market segmentation.
The court concluded that the HIA had not erred in its interpretation for students attending courses lasting more than one academic year. It also rejected challenges to the notice’s identification of the alleged contravention, its reasons and the clarity of its direction. The application was refused. The judgment does not state a separate costs order.