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In Brief

Holmes were delighted to act for Arachas Corporate Brokers Limited in achieving a successful outcome in the settlement of the various business interruption claims brought by entities of the Press-Up Entertainment group, including Brushfield Limited t/a the Clarence Hotel and Premier Dale Limited t/a the Devlin Hotel. We are pleased to be able to say that the proceedings against Arachas were struck out, with no payment being made by either party and more significantly, all allegations of wrongdoing and professional negligence against Arachas have been withdrawn.  This served to vindicate the legal strategy implemented by Holmes working in conjunction with Arachas and their insurers.

"Test Cases"

The business interruption cases taken against Arachas and the various insurers were conducted by way of modular trials; the first module of the trial was concerned exclusively with policy interpretation of the policies underwritten by the relevant insurers for the Press Up group entities. Brushfield was unsuccessful in their action against the insurer, with Mr Justice McDonald holding that cover was not available under the terms of the AXA policy. Judgment is currently awaited in respect of the Premier Dale case in which the RSA policy came under consideration. The cases were being treated as ‘test cases’ for future actions and emphasise the importance of policy wordings, and the intricate details of such policies, should they come under scrutiny. Following the extensive litigation which occurred as a result of Covid 19 and the various wordings of business interruption clauses, insurers will undoubtedly be undertaking an ongoing careful review of their policy wordings to ensure there is clarity as to precisely what the policy covers and precisely what is excluded. 

Allegations of Professional Negligence

The second module of the trials (if they had proceeded) would have involved Arachas, as the insurance broker, and concerned allegations of professional negligence for failing to put in place adequate insurance cover. Had the outcome of the claims against Arachas been different and a finding of negligence against Arachas had occurred, this would inevitably have had a significant impact in the insurance broker sphere in terms of the duty of care owed by insurance brokers to their clients.  This would have resulted in insurance brokers arguably facing more onerous obligations and responsibilities in terms of the extent of their duty of care in the procurement of insurance cover for their customers.  It had been Arachas’ stated position throughout that they met the duty of care to the various entities of the Press Up group in relation to the placement of the insurance cover and the settlement confirms that this was indeed the case.

Negligence Claims Withdrawn

To that end, we are delighted for Arachas that all claims of wrongdoing and professional negligence have been withdrawn against them and their reputation in the insurance broker sphere remains as strong as ever in the context of being Ireland’s largest nationwide insurance broker. We were happy to have been able to play a part in bringing to an end the challenging time endured by the company as a result of these allegations. Arachas has also welcomed the outcome in terms of enabling it to continue to work as hard as possible in supporting its clients through the pandemic; we equally look forward to working with Arachas again in the future in meeting their customers’ insurance requirements, reflecting their status as Ireland’s fastest-growing nationwide insurance brokerage.  Please do not hesitate to contact us should you have any queries in relation to Covid 19 business interruption claims.   

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'Great job by the Holmes team, thank you.'

Conor Brennan | Chief Executive Officer | Arachas Corporate Brokers Limited

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Strengths "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." "They are commercially minded," says another source, explaining: ...

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What the team is known for: 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. Noted for its e...

Insurance Dispute Resolution | Chambers Europe 2021

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What the team is known for: Enters the rankings following market plaudits for its insurance defence practice. Particularly noted for its expertise in professional indemnity and negligence cases, frequently pertaining to the construction, accounting and legal sectors. Also ex...

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Insurance: Dispute Resolution | Chambers Europe 2020

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What the team is known for: Enters the rankings following market plaudits for its insurance defence practice. Particularly noted for its expertise in professional indemnity and negligence cases, frequently pertaining to the construction, accounting and legal sectors. Also ex...

Insurance: Dispute Resolution | Chambers Europe 2020

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Substantial experience of defending clients against insurance claims, having acted for a number of prominent insurers. Other key contacts include Donal Creaton, Michael Murphy, Anna Owens and Pat McInerney.

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Insurance | Legal 500 EMEA 2020

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Holmes O’Malley Sexton’s insurance practice, which is based in the firm’s Limerick office, is led by Robert Kennedy. The firm has substantial experience of defending clients against insurance claims, having acted for a number of prominent insurers.

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Insurance | Legal 500 EMEA 202

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Holmes O’Malley Sexton’s insurance practice, which is based in the firm’s Limerick office, is led by Robert Kennedy. The firm has substantial experience of defending clients against insurance claims, having acted for a number of prominent insurers. Other key contacts i...

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Insurance | Legal 500 EMEA 202

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Holmes O’Malley Sexton’s insurance practice, which is based in the firm’s Limerick office, is led by Robert Kennedy. The firm has substantial experience of defending clients against insurance claims, having acted for a number of prominent insurers.

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Insurance | Legal 500 EMEA 2020

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Holmes O’Malley Sexton’s insurance practice, which is based in the firm’s Limerick office, is led by Robert Kennedy. The firm has substantial experience of defending clients against insurance claims, having acted for a number of prominent insurers. Other key contacts i...

Robert Kennedy

Insurance | Legal 500 EMEA 202

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Holmes O’Malley Sexton’s insurance practice, which is based in the firm’s Limerick office, is led by Robert Kennedy. The firm has substantial experience of defending clients against insurance claims, having acted for a number of prominent insurers. Other key contacts i...

Insurance | Legal 500 EMEA 2020

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Key lawyers: Michael Murphy; Anna Owens; Wayne Finn; Audrey Browne. ‘Shown a consistency in their professionalism, approach, knowledge of the law and ability to deal with large and complicated litigation matters’

Anna Owens

Insurance | Legal 500 EMEA 2021

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‘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

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Key lawyers: Michael Murphy; Anna Owens; Wayne Finn; Audrey Browne. ‘Shown a consistency in their professionalism, approach, knowledge of the law and ability to deal with large and complicated litigation matters’

Audrey Browne

Insurance | Legal 500 EMEA 2021

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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.

Donal Creaton

Insurance | Legal 500 EMEA 2021

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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.

Harry Fehily

Insurance | Legal 500 EMEA 2021

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‘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. Michael Murphy and Harry Fehily stand out in particular.’

Harry Fehily

Insurance | Legal 500 EMEA 2021

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Key lawyers: Michael Murphy; Anna Owens; Wayne Finn; Audrey Browne. ‘Shown a consistency in their professionalism, approach, knowledge of the law and ability to deal with large and complicated litigation matters’

Michael Murphy

Insurance | Legal 500 EMEA 2021

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Michael Murphy, who has significant expertise in professional negligence litigation, including financial lines and construction-related claims, is also a key contact.

Michael Murphy

Insurance | Legal 500 EMEA 2021

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‘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. Michael Murphy and Harry Fehily stand out in particular.’

Michael Murphy

Insurance | Legal 500 EMEA 2021

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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.

Robert Kennedy

Insurance | Legal 500 EMEA 2021

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Key lawyers: Michael Murphy; Anna Owens; Wayne Finn; Audrey Browne. ‘Shown a consistency in their professionalism, approach, knowledge of the law and ability to deal with large and complicated litigation matters’

Wayne Finn

Insurance | Legal 500 EMEA 2021

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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

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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

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‘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

shape
What the team is known for: Enters the rankings following market plaudits for its insurance defence practice. Particularly noted for its expertise in professional indemnity and negligence cases, frequently pertaining to the construction, accounting and legal sectors. Also ex...

Michael Murphy

Insurance: Dispute Resolution | Chambers Europe 2020