New grounds for declinature by insurers

In this article Niamh, Loughran and Mary Smith of Beale & Company discuss the recent case of Houlihan v Friends First Life Assurance Company Limited (2014) IEHC 676 in which it was held held that insurers are entitled to consider and rely upon new grounds for declining indemnity under a policy. This entitlement holds even if such grounds were not included in the original declinature letter and only came to light in subsequent proceedings brought to challenge the declinature.

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This article was first published by the Inurance Institute of Ireland in November 2015.