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‘Over 1,000’ pubs have interest in Covid-19 insurance test case


More than a thousand pubs have an interest in a test case that has come before the Commercial Court over whether FBD Insurance should pay for the losses of pubs closed as a result of the coronavirus lockdown, the court has been told.

Four cases, all involving FBD, were entered into the Commercial Court list while other publicans with similar insurance cover wait to see the outcome.

The four cases are being taken by the operators of Sinnotts pub and the Leopardstown Inn in Dublin, Sean’s Bar in Athlone and the Lemon & Duke in Dublin, with a hearing involving the first three listed for October 6th. It is expected to last up to 12 days.

Paul Gallagher SC, for FBD, said there was a public interest in an early hearing, as there were more than a thousand pubs affected and the hearing would be a “test case” that would be of “great significance” for all the parties interested.

Michael Cush SC, for all the applicants other than the operators of Sean’s Bar, said the pubs had insurance in place that raised the issue of the losses triggered by the Covid-19 lockdown and, if such losses were covered, the principles that arose for calculating the damages that were due for recovery.

The case involving the Lemon & Duke is adjourned for two weeks as mediation talks continue. If it is not resolved, it will be added to the October hearing.

Mr Gallagher said the issues to be determined were ones of interpretation, including whether there was “an insured peril”, as well as “causation issues” and the extent of any indemnity.



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