More than 1000 bars and pubs are taking legal action against FBD Insurance Plc over their insurance policies not covering the impact of the COVID-19 pandemic, as the Commercial Court has been informed.
Michael Cush, the Senior Council representing three out of the four bars and pubs taking legal action against FBD insurance informed the court that the pubs will be asking for an early trial due to the urgency of the issue and its resolution.
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All three pubs represented by Mr Cush have an identical insurance policy with FBD Insurance and all operate a public house, Senior Council has stated.
Three of the plaintiffs including Sinnotts Bar, The Leopardstown Inn and Sean’s Bar are seeking directions for a very early trial due to the urgency of the issues, stating that over 1,000 public houses and bars are equally affected.
The case focuses on the issue of the “consequential loss” was triggered by the Coronavirus pandemic and the lockdown measures and if so, the subsequent caltulation of the damages or recovery.
Paul Gallagher, Senior Counsel representing FBD Insurance plc in these cases stated the cases would require 12 days of hearings “as it was a test case of great significance to the parties.”
Licensed Vintners Association and the Vintners Federation of Ireland have publicly criticized the insurance industry, accusing that they were refusing to honor business interruption coverage for bars and pubs that were forced to close down in March to prevent the spread of the pandemic.
“As these are matters which are subject to legal process, it is not appropriate for FBD to comment at this time,” FBD Insurance spokesperson stated.