Oireachtas Joint and Select Committees

Wednesday, 22 March 2017

Committee on Public Petitions

Engagement with Financial Services Ombudsman

1:30 pm

Mr. Ger Deering:

I believe they are. I should have been more explicit when I spoke about enforcing codes. We see whether the code was applied to that person and if it was not, we can either provide compensation or require the financial institution to provide compensation or redress - indeed putting them back where they were. One sees this quite a bit with insurance, where the information was not properly collected or the person taking out the insurance policy did not fully understand the questions being asked and innocently answered a question in a way where one can tell that he or she was not trying to hide anything or deceive anybody. In that situation, we would look at whether it was fair and reasonable. I refer, for example, to the attitude the insurance company took if it voided a policy. Voiding a policy can have serious implications for a person. It means he or she cannot get insurance anywhere else. In those situations, we can direct the insurance company to reinstate the policy. The answer to the Senator's question is that we have the powers to provide compensation and rectification in situations such as those.

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