Saturday, 10 December 2016

High Court action over insurance company’s ‘spying’ settled | The Irish Times | 9 December 2016

From The Irish Times, 9 December 2016. Story by Aodhan O’Faolain.

A retired secondary school teacher who was followed by private detectives acting for Zurich Life Assurance has settled her High Court action over the insurer’s decision to cease paying her a disability allowance.

The action was taken by mother-of-three Bridget Daly (48) of The Chase, Clonmel, Co Tipperary who suffers from a condition known as ME or Chronic Fatigue Syndrome and has been deemed medically unable to work by the Department of Education.

Ms Daly had, through her trade union the ASTI, signed up to a salary protection scheme with Zurich. However Zurich ceased paying her the benefits in April and informed her that her case was under review.

As a result, she sued Zurich and sought injunctions directing the insurer to pay her disability benefit under the Salary Protection Scheme.

She had also claimed she and her children were “spied on” and placed under surveillance by a private investigator because she sued Zurich.

She also sought orders restraining the defendant and all persons who have knowledge of the order from carrying out any surveillance of her and her children, and that any images be handed over.

The application was opposed by Zurich.

The case returned before Mr Justice Paul Gilligan at the High Court on Friday, when Counsel for Ms Daly Patrick Keane SC appearing with Rory de Bruir, said the proceedings had been resolved and the matter could be struck out.

Ms Daly’s application for injunction to be put in place was due to be heard last week, but was adjourned to allow settlement talks to progress.No details of the settlement were given in open court.

When the matter was previously before the court lawyers for Zurich said the insurer stopped the payment because Zurich wanted her to undergo a test called a “Functional Capacity Evaluation”.


Here’s how The Irish Times reported Bridget Daly’s earlier appearance in the High Court in Dublin



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