Eagle Star has failed in an attempt to stop the Equality Tribunal hearing a complaint of discrimination over its decision to load a woman's insurance policy because she was overweight.
In a ruling delivered this morning, Mr Justice John Hedigan said the tribunal was entitled to investigate the complaint made by Bernadette Treanor of Dowdallshill, Newry Road, Dundalk.
Ms Treanor, who is an equality officer, claimed discrimination by the company on grounds of disability under the Equal Status Acts.
She also claimed a 100% loading applied to her income continuance policy was based on medical information that was no longer relevant.
Ms Treanor claimed victimisation arising from the company's action in sending a letter to her GP relating to her policy being loaded.
Eagle Star argued to the court that the tribunal had no jurisdiction to investigate the complaint as Ms Treanor's condition did not amount to a disability.
Mr Justice Hedigan said the question of whether obesity was capable of constituting a disability was a matter for the investigating officer and not for the court.
He ruled that the independent party appointed by the Equality Tribunal to investigate the complaint was entitled to do so.
