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At the beginning of his 214-page judgment, Justice Denis McDonald said he was “struck, quite forcefully” by the realisation that people who take out insurance might never truly know what they are signing up for. The pubs-versus-FBD case shows how any policy is open to interpretation, after four business owners were forced to spend 11 days in the Commercial Court arguing the meaning of everyday words. Chris Kelly, owner of Sinnotts Bar, said in his evidence that the policy was in “simple English”, but this detailed judgment shows nothing is straightforward with the English language when it comes to insurers parting with money. ....
FBD Ordered to Fulfil Pub Claims for Pandemic Business Interruption By Mike Gilmore After ten months of battle, four publicans have won a landmark case against their insurer. FBD had tried to evade compensating the businesses affected by pandemic closures, claiming their policies didn t offer coverage for such instances. Mr Justice Denis McDonald ruled today that FBD policies did in fact cover the losses incurred by pubs from business interruption arising from the pandemic. The sum of losses to be paid to the four pubs will be determined at a later date. The owners of three Dublin bars took the case to court, with Sinnott s, The Lemon and Duke, and The Leopardstown Inn all represented today. ....
Insurers urged to settle business interruption claims Updated / Friday, 5 Feb 2021 19:04 Court rules that pubs are entitled to insurance over Covid-19 closures The Minister of State with responsibility for Financial Services, Credit Unions and Insurance said today s High Court judgment in a number of test cases relating to business interruption insurance claims arising from Covid-19-related disruption was lengthy and complex. Seán Fleming said the Government s consistent view has been insurers should engage with impacted businesses honestly, fairly and professionally to honour the terms of the policy cover, in line with the Central Bank s Consumer Protection Code. Separately, the Central Bank s Business Interruption Insurance Supervisory Framework sets out its expectations of insurance firms in handling Covid-19 related business interruption insurance claims, Mr Fleming added. ....