Courts / Dublin / Report

Judgement on insurer's refusal to pay out on Covid-19 claims is deferred

Date
2021-01-14
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

The High Court has postponed delivering its judgment in four cases brought by pub owners who challenge FBD Insurance Plc's refusal to pay business disruption claims arising from the Covid‑19 pandemic. Mr Justice Denis McDonald agreed to delay the decision to allow the parties to submit further arguments based on a forthcoming UK Supreme Court ruling that may affect the interpretation of "non‑damage" clauses in business interruption policies. The four pubs—Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar, Athlone)—argue that their policies cover losses when premises are closed by government order due to an outbreak within 25 miles. FBD contends the closures were not caused by an outbreak at the premises and that its policies do not cover pandemics, a risk not normally insured in Ireland.

Who, what, where, when and why

What: Report matter: Judgement on insurer's refusal to pay out on Covid-19 claims is deferred. Procedural stage: hearing_or_decision

When:

Why: In order to allow the sides make submissions on the UK court's findings however, the judge said he was putting back his decision. CNI source report

Places mentioned

Court Venue
  • The High Court
  • UK's Supreme Court
  • UK High Court
  • The English High court
Secondary Mention
Address Area
  • Hibernian Way

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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