Two of the four pubs that have successfully challenged FBD’s failure to pay Covid-19 related business interruption claims have settled most of their outstanding legal issues with the insurer.
However, disputes between FBD and two other pub owners, mainly centered on the amount of losses to be paid to the pub owners, are still pending and are due to go to court later this month.
The cases were mentioned just before Mr Judge Denis McDonald yesterday, who expressed disappointment that all four test procedures had not been resolved.
Last year, in key test or conduct lawsuits affecting over 100 bars and restaurants, the judge ruled that a policy sold by FBD covered pub losses caused by the pandemic closure.
The main cases were brought to the High Court by Dublin bar owners Aberken, trading as Sinnott’s Bar; Hyper Trust Ltd trading as The Leopardstown Inn and Inn on Hibernian Way Ltd trading as Lemon & Duke.
Leinster Overview Concepts Ltd, the owner of Sean’s Bar based in Athlone, Co. Westmeath, is the fourth party to bring a test action.
However, several questions, including the amount of losses to be paid out for the business disruption caused by Covid-19, remained pending in the courts.
The High Court heard that Leinster Overview Concepts and Inn on the Hibernian Way have settled the majority of their outstanding issues with the insurer, including the issue of quantity.
The details of the settlement will be kept confidential.
Questions remain pending in court regarding the costs of these two parties’ lawsuits against FBD.
While talks have taken place between FBD and the other two remaining parties, Hyper Trust and Aberken, about quantifying the losses from those companies, those cases remain in court and will be heard again before the judge later this month.
When these two cases were raised before Mr Justice McDonald yesterday, the judge accepted that differences remained between FBD and the pub owners.
However, given the length of the proceedings and the number of decisions made by the court, including the main ones, the judge expressed disappointment that the remaining cases were not resolved.
In addition to his main ruling on the litigation, the judge has also issued subsequent rulings that have resolved certain other issues between the parties involved.
The judge urged the parties to continue working towards a resolution and adjourned the outstanding issues to later this month.
In his ruling last year, the judge disagreed with the interpretation of the FBD policy on business interruption in relation to Covid-19, ruling in favor of the four hosts.
The pub owners had challenged FBD’s refusal to compensate them, as well as the insurer’s claim that its policies did not cover the disruption caused by Covid-19.
They claimed that their insurance policy entitled them to have their consequential damages covered by the insurer.
https://www.independent.ie/business/irish/two-pubs-that-beat-fbd-on-covid-claims-settle-their-court-actions-against-the-insurer-42112001.html Two pubs that slammed FBD over Covid claims settle their court cases against insurer