This case relates to whether an insurance company (hereinafter referred to as the Defendant) was entitled to repudiate a contract for income protection entered into with the Plaintiff on the basis of the failure of the Plaintiff to furnish certain information concerning his medical history.

The Plaintiff started working as a bus driver with Bus Eireann in 2003. There was a group scheme available in respect of income protection, but the Plaintiff did not apply to join the scheme at that time. The policy operated such that if an employee fell ill and made a claim, the policy would, after 26 weeks, of illness begin to provide 75% of an employee’s annual earned income (less any social welfare payment