Firm's damages claim fails

An attempt by Canada Life to get back almost €83,000 paid by it in disability benefits to a long-serving and "remarkably successful" insurance salesman over a 10-month period when he was out of work, was rejected by the High Court yesterday.

The court heard Liam O'Connor, Rushbrook, Blanchardstown, Co Dublin, was dismissed by Canada Life Assurance Ireland Ltd in September 2002, 10 months after he sustained injuries when he was attacked by criminals with a car jack. He is challenging that dismissal in a separate action.

Canada Life in August 2002 initiated disciplinary proceedings against Mr O'Connor, alleging he was actively selling insurance while on paid sick leave and was guilty of gross misconduct. On September 20th, 2002, it summarily terminated his employment and sought repayment of the disability allowances paid under its disability scheme.

In June 2004, Canada Life brought a High Court claim against Mr O'Connor seeking damages for alleged breach of contract or, alternatively, on foot of an alleged account settlement between the sides or, alternatively, for alleged deceit/misrepresentation.

Dismissing those claims yesterday, Mr Justice John Quirke said he was satisfied that during the 10-month period when Mr O'Connor was receiving disability benefit from Canada Life, he was unable because of sickness and accident to do his regular job and was also not following any other occupation for remuneration or profit.

Given that finding, there was no breach of contract by Mr O'Connor of his contract of employment which affected his claim to disability benefit.

The judge also found there was no evidence suggesting an account had been settled or stated between the sides for the sum of €82,929.44.

It was Canada Life and, "to a small extent", another broker, who had received benefits and profits arising from Mr O'Connor's attempts to retain some 50 clients while he was ill and unable to do his regular job, the judge said.

As Canada Life continued to retain those profits and also the commission which would otherwise have been paid to Mr O'Connor had he not been dismissed, how could it be suggested Mr O'Connor was unjustly enriched at the expense of Canada Life? the judge asked.

In early November 2001, Mr O'Connor was attacked by criminals who assaulted him with a car jack in an attempt to rob him.

He was unable to work and later suffered a very severe injury at home when his foot was pulverised by lawnmower blades.

While ill, Mr O'Connor had made an arrangement with an insurance broker and another consultant broker in Canada Life in 2002 about the opening of SSIA accounts which was intended to preserve the business Mr O'Connor felt he had obtained for Canada Life.

The arrangement was not approved by Canada Life.