Two of four pubs that took insurer FBD to court and won in landmark case over its failure to honour business interruption policy during Covid-19 shutdowns have agreed payment over losses. The other two are heading back to court.
The lead cases were brought before 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, which is based in Athlone, Co Westmeath, is the fourth party to bring a test action.
The High Court heard on Tuesday that Leinster Overview Concepts and Inn on the Hibernian Way have settled the bulk of their outstanding issues with the insurer, including the matter of quantum. The details of the settlement are understood to be confidential. Issues over the costs of those two parties’ proceedings against FBD remain pending before the court.
On Tuesday, Mr Justice McDonald accepted that differences remain between FBD and the pub owners. However, given the length of time the action has taken to hear, and the number of decisions handed down by the court, including the main judgments, the judge expressed his disappointment that the remaining cases have not been settled. The judge urged the parties to keep working on finding a solution, and adjourned the outstanding issues to a date later this month.
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