A garda lodged a £20,000 claim against a group critical illness scheme only 13 months after joining it, the Circuit Civil Court has been told.
New Ireland Assurance, which had set up the sickness cover plan with the Garda Federation, yesterday failed in a bid before Judge Raymond Groarke to stay court proceedings and refer the claim to arbitration.
Judge Groarke's decision is being appealed to the High Court.
Mr Desmond O'Neill, counsel for the company, said Garda John O'Connell, of Rockfield Grove, Maynooth, Co Kildare, had sought to recover £20,000 under the scheme and a dispute had arisen over alleged non-disclosure of a pre-existing medical condition.
Mr O'Neill said the insurance contract contained a clause which stipulated that any dispute would be referred to arbitration. The dispute centred on whether Garda O'Connell was entitled to the benefit of the policy or whether New Ireland Assurance was entitled to decline to pay.
When Mr Gavin Ralston, counsel for Garda O'Connell, submitted that if the company was claiming the contract was void it could not rely on the arbitration clause, Mr O'Neill said the policy had not been repudiated and Garda O'Connell was accepted as an insured person.
Mr O'Neill told Judge Groarke it would be decided at arbitration whether or not non-disclosure of a pre-medical condition had taken Garda O'Connell outside the policy.
Judge Groarke held that the issue between the parties was not sufficiently clear as to fall within the arbitration clause.