Fibromyalgia Sufferer wins Compensation 

The case of JH brought against Friends First   Life Insurance Limited was considered by the High Court 2014.

This is a case where Friends First refused to make Income Protection available under JH‘s Policy when he received a diagnosis of Fibromyalgia. In the event the Court ordered Friends First  Insurance Company Limited to pay the sum of €91,000 to JH  and to honour the Policy in respect of future payments which would accrue under this Income Protection Policy of Insurance. JH had had entered into a contract of  Insurance with Friends First which was intended to cover  him through any period of disability if totally unable to carry out his normal occupation through a recognised illness or accident. In April 2009 JH was diagnosed with Fibromyalgia and certified unfit for work. He claimed on his Policy.

The Insurance Company refused the claim indicating that, having reviewed all medical evidence, it had decided that JH was not totally disabled by reason of sickness or accident from following his occupation as an Insurance Broker. Notwithstanding submissions made the Insurance Company ultimately decided in June 2011 that it would not reverse its position and allow payment.

The matter was heard in the High Court in 2014. Evidence was called from a number of Medical Specialists on JH’s behalf.

The High Court came to the conclusion that, on the balance of probabilities, JH came within the scope of the Protection Policy and was entitled to the relief sought.

Fibromyalgia is an insidious and potentially debilitating disease the effects of which are not always appreciated.  This is a good result for a genuinely ill individual faced with a determined Insurance Company.

If refused Insurance cover under an existing Policy it is most important that Independent Legal Advice is taken and that the position adsopted by an Insurance Company is not simply accepted as a fait accompli.

 

 

*a solicitor may not calculate fees or levy any other charges as a percentage of any award or settlement

 

 

 

 

Comments are closed.