The High Court dismissed a farmer’s claims against his insurance broker and Zurich Insurance PLC over storm damage to two cattle sheds, finding that the farmer was responsible for a material misrepresentation about the sheds’ age and had notified the insurer late.
Mr Justice Tony O’Connor gave judgment on 3 April 2020. The dispute concerned damage caused by Storm Doris on 23 February 2017. The sheds had been built before 1950, with original walls dating to the 19th century, but a 2015 insurance submission described them as built in 2007 and valued them at €60,000.
The farmer argued that broker employee Ms Gilligan had entered construction dates without his input and should have ensured he understood their importance. The judge found, on the balance of probabilities, that she had not acted unilaterally. The farmer had received copies of proposal forms containing the dates and acknowledged he might not have read every document before signing.
The court also considered an earlier Aviva proposal, which had given 2002 as the year of construction and a value of €59,600. The judge said the differing dates in the proposals supported Ms Gilligan’s evidence that the farmer had provided input. He concluded that the farmer had informed the broker of the 2007 date and had not alerted it to the error after receiving the proposal form.
Zurich withdrew storm cover for the sheds retrospectively from the policy’s inception and refunded the premium associated with their insured value. Cover for a separate unit, built in 2007 and valued at €200,000, continued. The court found that Zurich would not have accepted the storm-damage risk for the sheds if they had been properly described. It said the evidence did not establish loss arising from the broker’s alleged actions.
The farmer’s claim also challenged Zurich’s refusal to renew his farm insurance in 2018. The judge said the court could not review that decision in the circumstances, and the evidence did not establish an obligation on Zurich to offer cover. The court noted that Zurich, as the last insurer, was obliged through Insurance Ireland to offer third-party motor-only cover if the farmer could not arrange tractor insurance.
The court dismissed all claims against both defendants. It did not order reinstatement of the policy or award damages.