Courts / Dublin / Report

Pubs win landmark test case against insurer over Covid-19 coverage

Summary

In a landmark High Court decision, Mr Justice Denis McDonald ruled that four pub owners are entitled to compensation from insurer FBD for losses caused by Covid‑19 closures. The judge held that the policy's coverage applies when a closure is prompted by outbreaks of contagious disease within a 25‑mile radius, even if the government's nationwide order is the proximate cause. FBD's argument that it never covered pandemics was rejected. The court clarified that losses incurred before the imposed closure are not part of the insured peril and that the pub owners may claim indemnity until losses cease or the indemnity period ends. The judge adjourned the case for further submissions, noting that the quantum of losses will be determined later. The decision affects about 1,000 Irish pubs and restaurants seeking claims under similar policies.

Who, what, where, when and why

What: Report matter: Pubs win landmark test case against insurer over Covid-19 coverage. Procedural stage: hearing_or_decision

When:

• March 2020 Adjournment
• 15th March Incident
• 2021-02-05 Publication

Why: Mr Justice McDonald rejected FBD's claim that in order to pay out, it requires the closures should be proximately caused by outbreaks within 25 miles. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Related court reports

• Man charged with having 56k child abuse images and videos remanded on bail
• Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
• Mater must pay €10k to worker who said he was wrongly accused of abusing patient
• 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
• Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
• 77-year-old with 470 convictions told Luas staff to 'f**k off'

Read the original CNI report