English High Court | localnews.ie

2020-10-07 · Dublin

FBD does not provide pandemic policies and 'nobody has ever asked' for one, court told

In a Commercial Court hearing, insurer FBD denied providing pandemic coverage, stating no policy for Covid‑19 had ever been requested. Four Dublin bars and a Westmeath pub sued FBD, claiming their policies covered losses from closures due to outbreaks within 25 miles. FBD argued the pandemic was outside the clause, citing specialist overseas brokers for such coverage. Counsel cited an English High Court ruling favouring the FCA, but argued the UK decision should not bind the Irish court. The parties discussed a potential breach of an implied undertaking regarding media release of pre‑trial documents. Judge Denis McDonald called the matter serious and urged investigation. The case remains ongoing, with parties agreeing to liaise on the undertaking issue. The hearing continues.

2020-10-06 · Dublin

Insurer 'plainly wrong' in refusal to pay out Covid claims, court told

In a Commercial Court hearing, four Dublin‑based publicans and a bar in Athlone challenged FBD Insurance PLC's refusal to pay business interruption claims arising from the Covid‑19 pandemic. Senior Counsel Michael Cush argued that FBD's position—that the pandemic does not fall within the policy's coverage of "outbreaks of contagious or infectious diseases" within 25 miles of the premises—is "plainly wrong" and "makes no sense." Cush highlighted that the insurer's interpretation would exclude coverage for nationwide closures, a stance he said was unsupported by the policy documents. The publicans claim breach of contract and seek orders directing FBD to indemnify them for losses incurred during the temporary closures that began in mid‑March. The case, which involves 1,100 Irish pubs and bars, is ongoing and is expected to last several weeks.