Hi, I am after some advice if possible please.  A close relative was killed at an event in May 2023, which he had, we believe, attended in an official capacity. Initially the Police were investigating alongside HSE, but HSE assumed primacy in November 2023.  Their investigation went to their legal team at the end of October 2024 for them to consider whether or not they will proceed to prosecution.  We have been told that the investigation is complex, and that's fine, we understand that, but to date we have heard nothing else.  This investigation is also holding up the Inquest, and as such, we do not have a death certificate nor is the death registered.  As my relative was, we believe, at the event in an official capacity, there is an insurance that we can claim from the event organiser/promoter, which is a significant amount of money. However, there is a two year limit on making a claim, which would be May 2025.  We need to have confirmation that my relative was there in an official capacity, but HSE refuse to give us this information.  They have said that they have determined in what capacity they were at the event, but to give us this information could jeopardise the case should it proceed to prosecution.  We have been advised that if the case does not proceed to prosecution, we can be given that information immediately that is decided, but if they do proceed to prosecution, we will need to attend Court to find that information out for ourselves.  Of course we would never wish to compromise the investigation and/or any potential subsequent proceedings, and ultimately we need to find out what happened to our relative as at the moment, we do not know much at all.  This has greatly impacted on us as a family.  However, I do not understand why this small piece of information cannot be given to us, and cannot understand how doing so would compromise a potential prosecution.  All we require is a simple 'yes, they were there in an official capacity' or 'no, they were not'.  We have spoken to the Insurers who have indicated that they may be willing to extend the deadline for a claim, but they have not indicated how long they would extend it for, or indeed confirmed that they will.  Even if the investigation proceeds to prosecution, I would imagine that could take many months, if not years, to get to Court.  It may seem mercenary to be concerned about missing out on a potential insurance claim, and no amount of money could ever cover the loss, but our relative would certainly wish for it to be claimed and we wish to uphold what they would want.

Does anyone have any advice please, as we feel very much stuck at the moment and don't know if there's anything we can do.

Many thanks.

Firstly I want to acknowledge what a horrible and frustrating predicament this is.

You obviously have some evidence and reasoning on which to say that attendance was in a work capacity.  Although the organisations involved and the HSE may have more complete evidence and reasoning to come up with a judgement on that, and might possibly come up with the opposite conclusion, if they refuse to give you that information I don't see that this ought to be your problem. 

Are you not able to make the insurance claim, to the best of your knowledge and belief (as they say), with such evidence and reasoning as you have, and then leave it up to the insurer to evaluate the claim?  That might involve them being in contact with other parties including other insurers.

It's certainly a normal practice for insurers in accident liability claims (which I appreciate this isn't) to talk to the insurers of the other parties concerned to sort out how a claim which could involve several defending parties will be dealt with between them.

If the information is only provided to the insurer for the purpose of evaluating the insurance claim, directly by one of the parties that already has it, that might reduce the concern about prejudicing prosecutions.

With due sympathies for your loss but IMHO you are approaching this from the wong direction.

You state you are a "close relative" so should understand funds from an insurance matter would become part of any estate of the deceased and of necessity require handling by the executor(s) - my apologies if this is your role, if it is not can I suggest speaking with the executor(s) although if this was a young individual without immediate family I suspect a will may not have been created nor executor named.

The executor should be able to access correspondence to locate an invitation either in hard copy or email.

I find it strange insurance would solely cover "official capacity attendees" and for a specified time period particularly for death.

Regardless of the HSE or Police involvement the organiser will have records of both invitations and attendees and if as stated a death triggers the insurance once a death has occurred there should be no limit on achieving a payout. The insurer cannot simply close the policy whilst official investigations are on-going and the organiser would be duty bound to inform the insurer of matters impacting the policy.

My suspicion is that as an extraordinary insurance it may have been limited to next of kin or stated nominee - if your relative failed to provide such detail then there is unfotunately no money to be had. Again the executor should be able to make application for records.

Peter has already indicated talking to a solicitor - I would suggest one proficient in probate matters as I am getting the feeling even if you prove official attendance any money may end up with the state.

At worst the solicitors letter would register the estates claim to any payable insurance monies (again ensure this is through the executor so the solicitors fees and charges can be written off against the estates assets).

Remember only an executor may act on behalf of a deceased's estate.

The HSE will not dictate his "capacity" at the event.

The cover contract is between the organiser and the insurer.

The insurer will solely act upon information received from the organiser.

The HSE, in concluding their investigation, will merely confirm what the organisers records state.

I agree with both the above.  The HSE's determination of this is for their own purpose, namely to inform their decisions on any enforcement action.  They don't have any duty to determine this for anyone else, certainly not for an insurance claim  So it can hardly be a condition of the insurance that a claim is validated with information from the HSE.

You are better off going after whichever party has got the relevant factual information that the HSE would be relying on in their determination.  I still don't see why the insurer can't deal with that party directly instead of going through you for this information.