Widower sues over failure to pay out wife’s life assurance policy

A widower has sued over an insurance company’s refusal to pay out on a €300,000 life assurance policy following the death of his 32-year-old wife.

Daniel O'Connor, a father of three, from Kilnamanagh, Tallaght, Dublin, has sued Irish Life Insurance plc over its refusal to pay out on the policy following the death in November 2008 of his wife Ashling as a result of Systemic Lupus Erythematosus (SLE), an autoimmune condition in which the body's immune system attacks healthy tissue.

The couple took out the policy in February 2008 after taking out a mortgage to purchase their home.

As a result of the failure to pay out, Mr O’Connor, who had to give up his job to look after their three children, got into mortgage arrears and his lender Stepstone Mortgages brought repossession proceedings against him, the court heard.

Failure to disclose

Mr O’Connor, represented by Jim O’Callaghan SC with Ted Harding BL, was informed in June 2009 the insurer was not paying out due to failure to disclose to the insurers various medical investigations, tests and treatments which Mrs O’Connor underwent in 2004, 2006 and 2008.

As a result of that refusal, Mr O'Connor has taken High Court proceedings claiming damages, including aggravated and exemplary damages for loss, distress and upset suffered due to the insurer's alleged negligence and breach of contract.

Irish Life denies the claims and pleads there was a failure to disclose matters, including that Mrs O’Connor was diagnosed, following tests in 2004, with Reynauds disease involving reduced blood flow in fingers and toes. It also claims there was failure to disclose that an ultrasound scan in 2008 had shown she had an unusually small left kidney.

In a counterclaim, Irish Life, represented by David Conlan Smyth SC and Brian Conroy BL, claims it was entitled to void the contract on grounds of non-disclosure.

The action came before Ms Justice Miriam O’Regan at the High Court on Thursday via pre-trial applications.

Irish Life sought to have Mr O’Connor’s side provide further details of his alleged loss and the judge directed his side to serve further and better particulars within three weeks.

The judge also allowed Mr O’Connor amend his original statement of claim so as to betetr identify the issues in the case. Mr O’Connor had lodged his claim in October 2014 before he had legal representation, the court heard.

The case will return before the court later this year.