Joseph McCabe’s wife Marie McCabe died in August 2009, nearly four years after the couple took out the policy on a mortgage they had with National Irish Bank for their home in Ross, Mountnugent, Co Meath.
Irish Life Assurance is refusing to pay out claiming there was material non- disclosure by Ms McCabe of her medical history prior to taking out the policy.
Mr McCabe, and his daughter Clara, who is her mother’s personal representative, are suing Irish Life for alleged breach of contract and negligence in refusing to pay out.
Mr Justice Anthony Barr ruled yesterday that Irish Life is not entitled to order the McCabes answer specific written questions in relation to the deceased’s medical condition in advance of the hearing of the case.
A number of questions were asked by Irish Life’s lawyers about Ms McCabe’s hospital admissions, GP records and treatment between 1984 and 2005.
The questions had been based on extensive pre-trial disclosure of the deceased’s medical records, Mr Justice Barr said.
Irish Life argued if the McCabes were required to answer the questions, it would substantially shorten the issues which have to be decided at the trial of the action, the judge said.
The McCabes argued there were no simple yes or no answers to the questions.
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