The Excessive Courtroom has dominated that Irish Life was entitled to refuse to pay €250,000 life insurance coverage for murdered gangster Eamon Dunne over his failure to reveal drug and alcohol misuse and melancholy when taking the coverage out.
In a judgement Mr Justice Tony O Connor dismissed proceedings introduced by Dunne’s accomplice Georgina Saunders, after discovering that the deceased was obliged to provide particulars of his previous drug and alcohol use and melancholy when he took out the coverage with the insurer in 2008.
Dunne, the decide stated failed to provide such particulars which the coverage required him to do.
There was nothing to steer the court docket to seek out that Dunne acted truthfully when incorrect replies remained on the on line questionnaire he stuffed out when making use of for the coverage.
The decide stated the insurer was not responsible of indolence or laziness when it thought-about Dunne’s utility for all times cowl, and stated it had satisfactorily defined its course of and the way it was utilized.
The decide additional rejected a suggestion that the insurer induced Dunne to consider that he didn’t must be correct when giving particulars sought by the insurer when the coverage was entered into.
Dunne (42) was shot six instances within the head and again in April 2010 whereas attending a party in a pub Cabra, Dublin.
He was linked to a number of gang murders, drug trafficking and was on bail awaiting trial on the time of his demise for the theft of a cash-in-transit van in Kildare.
The Irish Life Insurance coverage coverage, costing €103 a month, was taken out by Dunne and Ms Saunders two years earlier than his demise.
Ms Saunders, with an tackle in Finglas, Dublin, claimed Irish Life didn’t make cost wrongfully and in breach of the phrases and circumstances of the life insurance coverage contract.
Irish Life denied the claims and had argued the coverage was void by purpose of non-disclosure of fabric info in an about Dunne when the coverage was taken out.
These included that in 2003 he had attended his GP who famous he was affected by numerous issues together with cocaine and ecstasy use, that he was depressed, had emotions of paranoia and was consuming excessively.
His GP informed the court docket that his preliminary attendance on the surgical procedure was in 2001 after a break-up with a earlier accomplice and he expressed suicidal ideas. He was prescribed sleeping capsules and anti-depressants.
He attended a GP a number of instances in 2003 when it was famous he was “consuming eight cans an evening” and snorting substantial quantities of cocaine.
He was not suicidal however was nonetheless depressed and had bother sleeping and he was referred to a psychiatrist.
Irish Life claimed that in his insurance coverage proposal kind, Dunne had acknowledged he drank six items of alcohol per week, by no means suffered from a psychological or nervous dysfunction or had remedy for such a dysfunction within the final 5 years. He additionally stated he was not taking prescribed medicine and didn’t take non-prescribed medicine.
The data he offered within the proposal kind was completely deceptive and if disclosed it will have led to the coverage being declined, Irish Life argued.
In his judgement on Wednesday Mr Justice O’Connor stated the central concern within the case was Dunne’s omission to reveal materials info about his drug and alcohol abuse between 2001 and 2003.
The straightforward truth within the case was that Dunne had an obligation to right any replies given to the insurer about materials info even when he was not prompted or inclined to take action in entrance of Ms Saunders after they had been coping with the insurer’s agent.
It was the decide added unlucky that Ms Saunders believes that that Dunne had no obligation to reveal his previous substance abuse.
Dunne, he stated, was “not trustworthy” and when he gave or confirmed his replies to questions requested by the insurer concerning his well being.
There was no proof put to the court docket that Dunne had put his drug abuse out of his thoughts in 2008, when making use of for the coverage.
The decide additionally held that the pace by which the web utility was accomplished didn’t trigger Dunne to provide incorrect replies to questions requested about his well being.
The court docket famous Ms Saunders’ proof the place she stated she didn’t witness him abusing medicine and alcohol and was unaware of his prior abuse till the insurer knowledgeable her in 2011 that it will not pay out on the coverage.
He stated the couple bought collectively in 2007, and he or she stated they took out the coverage after Dunne enquired about taking out a mortgage from PTSB some 12 months later.
The decide additionally stated he was happy from the proof given to the court docket that Ms Saunders was supplied with data by the insurer when taking out the coverage.
That data included that the solutions given within the on-line utility kind concerning the candidates well being issues “have to be rigorously reviewed” to “be certain that they’re right.”
Ms Saunders, the decide stated had informed the court docket that she had not learn the insurance policies phrases and circumstances booklet issued by Irish Life in relation to the coverage, and had solely gone by way of them when giving proof to the court docket.