Courts / Ireland / Report

FBD withdraws challenge to Ombudsman's investigation over Covid claim

Date
2021-02-18
Stage
Hearing Or Decision

Summary

In February 2021 the High Court saw FBD Insurance Plc withdraw its challenge to the Financial Services and Pensions Ombudsman's investigation into a complaint by Phil Flannery's of Denmark Street Ltd. The complaint concerned the insurer's refusal to pay a business interruption claim arising from the Covid‑19 pandemic. FBD had earlier obtained permission to seek judicial review of the Ombudsman's probe, arguing that the same issues were already being litigated in separate High Court cases involving pubs and that continuing the investigation would duplicate proceedings and breach fair procedures. The court was told the case would be struck out and that FBD would contribute to the notice party and the Ombudsman's costs. The Ombudsman's lawyers had warned that the challenge was unprecedented and that they would oppose any attempt to halt the investigation. The withdrawal meant the investigation would continue as originally planned.

Who, what, where, when and why

What: Report matter: FBD withdraws challenge to Ombudsman's investigation over Covid claim. Procedural stage: hearing_or_decision

When:

Why: In its action, FBD had claimed the investigation should be discontinued because four test cases raise the same issues that were the subject of the complaint by Phil Flannery's. CNI source report

Case subjects

Financial Services

Applicant

Pensions Ombudsman

Applicant

Phil Flannery

Applicant

Places mentioned

Court Venue
  • High Court
Residence
  • Denmark Street

Topics

Stage Hearing Or Decision

Read the original CNI report

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