In 2021, the High Court had upheld the claims of pub owners in Ireland who claimed their insurance policy with FBD Insurance plc covered cases of business interruption like those caused by government orders during the COVID-19 pandemic.

Although the test cases were brought by four pub owners, they affected over a hundred bars and restaurants. The insurer had argued that they could not be indemnified because of a clause in the policies stating that the insured would be indemnified in case of closure due to local or government authority as a result of “outbreaks of contagious or infectious diseases on the premises or within 25 miles of same”. The High Court had disagreed and sided with the pub owners.

In a court hearing on 3 November 2022, the parties in some of these cases informed the Court that they were making progress on the settlement of outstanding issues, mostly focused on the level of losses to be paid to the applicants. These settlements overseen by the Court are relevant for thousands of policyholders with identical or similar policies. The details of the settlements are confidential. The issue of who will pay for the litigation costs is also outstanding before the Court.

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