Irish Rail driver, told his insurance payments would end in February, 2017, lodged a complaint with the ombudsman. File Photograph: David SleatorThe High Court has overturned a decision by the Financial Services and Pensions Ombudsman to order the reinstatement of payments under an income protection insurance policy for an Irish Rail locomotive driver.
The driver, who is not named, was a member of a group income protection policy provided by Utmost to Irish Rail.‘I’m just so relieved’: Tori Towey arrives home after charges dropped in DubaiThe difference between Simon Harris and Leo Varadkar on UK-Irish relations goes beyond tone Just before the 24 months ran out, Utmost initiated a review and asked the Irish Rail chief medical officer doctor if the driver was able to perform the duties “of any rail operative occupation”.
The doctor diagnosed him as suffering from personality disorder with paranoid narcissistic traits. He expressed the view that there was no reason, from a work mental health perspective, “that he would not be able to engage in other work as a railway operative”. In October, 2019 the ombudsman issued a preliminary decision in which he found the ceasing of payments was wrongful.
The ombudsman also said once his decision was implemented, Utmost was still entitled to conduct a fresh review of his medical condition in order to confirm whether or not he continued to satisfy the definition of disability within the policy.