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ARTICLE · 22 FEBRUARY 2019

Material Non-Disclosure And Insurance

Dillon Eustace
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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...

IrelandInsurance
Rachel Turner
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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.

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