Landmark decision reached as four publicans are granted insurance compensation by the High Court

Friday, February 5
Ciarán Mather

Four pubs who claimed that they were entitled to insurance compensation have won their cases in the High Court, it can be revealed.

The High Court recently found that Sinnott's, The Leopardstown Inn and Lemon and Duke in County Dublin, along with Sean's Bar in County Athlone, are entitled to compensation from Insurance FBD following their closures due to the pandemic.

This decision is an important one as it also affects claims made by more than 1,000 pubs and restaurants from all across the country, with many of them also insured with Insurance FBD.

As reported by RTE News, the lawyers of the aforementioned pubs claimed that under their insurance policies they were entitled to have their losses caused by the pandemic covered. 

However, FBD argued that the closures were not due to an outbreak of disease at the premises or within 25 miles of them. FBD said the closures happened because of a national situation which was not covered. 

Mr. Justice Denis McDonald disagreed with FBD's assertion, saying that cover was not lost where the closure was caused by nationwide outbreaks of disease, provided there was an outbreak within the 25-mile radius and that that outbreak was one of the causes of the closure. 

He added that the fact that closures outside the 25-mile radius were also causes of the decision did not alter that conclusion. 

Judge McDonald ruled the issue of quantifying the losses suffered by the publicans will be dealt with at a later date. 

The case is due to resume in the High Court on February 17th.

It has also been reported that FBD has set aside €30 million to cover any costs arising from the outcome of the case.

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