In April 2021, Insurance Ireland estimated that business interruption insurance claims could amount to in the region of €430 m, with €62 m in claims having already been paid out at this stage.
Holmes are currently acting for Arachas Corporate Insurance Brokers in respect of the business interruption claims initiated against them and various insurers by entities of the Press-Up Entertainment group, one of Ireland’s largest hospitality groups. The claims are at various stages, having been entered into the Commercial Court and are being conducted by way of modular trials.
At present, the two main cases involve actions taken by Brushfield t/a the Clarence Hotel and Premier Dale t/a the Devlin Hotel, with the first module relating to policy interpretation only, against insurers AXA and RSA, having completed recently. Brushfield were unsuccessful in their action against the insurer, with Mr Justice McDonald refusing to find that cover was available under the terms of the AXA policy. Judgment is awaited in respect of the Premier Dale case.
The outcome of these business interruption claims will have a significant impact on similar type claims going forward and are being treated as ‘test cases’ for future actions. These proceedings emphasise the importance of policy wordings, and the intricate details of those policies, should they come under scrutiny. The claims against Arachas will also provide clarity in the insurance broker sphere in terms of what is required from a broker, and what duties and obligations must be fulfilled.
Moyagh Murdock, CEO of Insurance Ireland noted that, ‘The COVID-19 pandemic is unprecedented in its impact and will be one of the biggest insured events of recent times.’ From our experience in this sphere to date, we have no doubt as to the reality of this statement.
"I regularly get a summary of each claim and anything that might have happened in the last week or so," says one client, further noting: "The lawyers are proactive in trying to get a claim resolved." Notable practitioners: Harry Fehily, Michael Murphy and Robert Kennedy.
Insurance Dispute Resolution | Chambers Europe 2021
The team earns praise for proven capacity to handle diverse claims across EL/PL, motor insurance and financial lines. Defends insurers and self-insured companies or associations in personal injury claims filed by employees or third parties.
Insurance Dispute Resolution | Chambers Europe 2021
‘Shown a consistency in their professionalism, approach, knowledge of the law and ability to deal with large and complicated litigation matters’
Insurance | Legal 500 EMEA 2021
Robert Kennedy, who focuses on personal injury claims, particularly catastrophic injury cases, and oversees the firm's dedicated anti-fraud unit, heads the team with Harry Fehily and Donal Creaton.
Insurance | Legal 500 EMEA 2021
‘They always go the extra mile, are easily contactable at all times and achieve very good results consistently; all partners and staff are very approachable.'
Insurance | Legal 500 EMEA 2021
Noted for its 'comprehensive geographical reach' in professional negligence and motor, employers' and public liability claims. A solid reputable firm with the range of skill sets and common sense required in personal injury litigation matters.
Insurance | Legal 500 EMEA 2021
