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Court of Appeal dismisses appeal from High Court, and affirms determination allowing a statutory appeal from a decision of the Financial Services and Pensions Ombudsman (FSPO) upholding a complaint against a financial service provider that refused benefit under a group income protection voluntary scheme where the applicant suffered from fibromyalgia, on the grounds that the High Court had been entitled to find that the FSPO had drawn unsubstantiated inferences from the evidence, and that this had given rise to a significant and serious error.
Binchy J (nem diss): Group income protection voluntary scheme - employment - exclusion of condition - fybromyalgia - claim for payment of benefit under scheme - refusal of benefit - appeal - medical examination - dismissal of appeal - complaint to Financial Services and Pensions Ombudsman - complaint upheld by FSPO - s. 64 of the Financial Services and Pensions Ombudsman Act 2017 - appeal to High Court - appeal allowed - serious and significant errors by FSPO - appeal by insurer - whether FSPO required to have regard to code of conduct of the Central Bank when determining reasonableness of conduct - whether FSPO had jurisdiction to direct provider to admit claim in the absence of a finding of breach of contract - whether High Court on appeal entitled to draw different inferences from documentation.
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