Material Non-Disclosure And Insurance

O'Donoghue v. Office of The Financial Services and Pensions Ombudsman [2018] IEHC 581

The High Court in O'Donoghue v. Office of The Financial Services and Pensions Ombudsman [2018] IEHC 581 examined findings of the Office of the Financial Services Ombudsman("FSPO") in relation to the voiding of an insurance policy where it was claimed material information had not been provided. This case shows how the court will view such findings and also that awards can still be made by the FSPO even where it is held that disclosures were not made.

Background

In 2011, Mr. O'Donoghue made a complaint to the FSPO against Bank of Ireland Insurance Services ("BIIS"), and RSA Insurance ("RSA"), an insurance intermediary and insurance company.

The FSPO addressed the complaints separately and issued its findings in 2012. Those findings were the subject of an appeal to the High Court. O'Malley J. allowed the appeal and sent the complaints back to the FSPO for further review - see O'Donoghue v The Financial Services Ombudsman [2014] IEHC 620. The complaints were then re-adjudicated and an oral hearing was conducted in relation to the complaint against BIIS. There was more correspondence between the parties and additional items of evidence were requested by the FSPO. The FSPO then issued its findings in relation to both the RSA and BIIS complaints in 2017. Those findings were the subject of the appeal before the High Court. The main...