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High Court dismisses appeal from a decision of the Financial Services and Pensions Ombudsman (FSPO) rejecting a claim against an insurance company and insurance intermediary that they had wrongly avoided a policy of insurance where there was a claim arising from a break-in to an investment property (but upholding other aspects of the claim), on the grounds that the FSPO had had sufficient evidence come to the decision she made.
Appeal from findings of Financial Services and Pensions Ombudsman (FSPO) - Part VII B of the Central Bank Act 1942 (as amended) - s. 57BX of the 1942 Act - complaint against insurance intermediary and insurance company - complaints remitted to FSPO following earlier High Court decision - rejection of contention that policy had been unlawfully avoided - purchase of investment property - insurance of property - break-in - rejection of policy on grounds of alleged misrepresentation - house unoccupied and not regularly occupied at night - compensation of €2,000 ordered by FSPO against insurance company for delay in making decision and other matters - compensation of €15,000 ordered against insurance intermediary for selling an unsuitable policy - whether decision was vitiated by serious and significant error.
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