A FINANCIAL consultant who received £100,000 in health insurance payments because of head injuries he said were preventing him, from working was studying law at University College Cork, a court heard yesterday.
Mr William Hennessy, of Rockspring, Montenotte, Cork, received £350 a week from Friends Provident Life office, Surrey, England, between 1989 and 1994, during which time he completed a diploma in law and began to study for a degree.
Mr Hennessy took a legal action against the company when it ceased making payments. But the presiding judge allowed the company's counterclaim and declared the policy null and void.
Cork Circuit Court was told Mr Hennessy, in his 30s, was not present for the case as he was a patient in the Mater Hospital. However, Judge Patrick Moran decided to hear the case in Mr Hennessy's absence. His legal team was present.
Mr Michael Gleeson SC, for Friends Provident, said Mr Hennessy claimed that on January 4th 1989 he was attacked on board a yacht in Gran Canaria and beaten about the head with a winch handle. Mr Hennessy claimed he suffered brain damage and was entitled to benefit under his policy as he was no longer able to pursue his pre-disability employment. However, the company heard that Mr Hennessy, while claiming under the policy, was doing a UCC law degree.
The policy was suspended for a time in 1991 and again in 1994 because Mr Hennessy refused to travel to Dublin for a medical examination. In April 1989, three months after the incident in the Canaries, Mr Hennessy had applied for admission as a student. The following October, while being examined by a doctor on behalf of the insurance company, Mr Hennessy could not remember simple facts, such as his age or his date of birth.
Mr Gleeson said Mr Hennessy had seriously misrepresented the extent of his disability, which effectively rendered the policy null and void.
Judge Moran declared the policy null and void on the basis of concealment and fraudulent misrepresentation.