Update – FBD Test Cases – Judgement Deferred

FBD Public House Policyholders will be aware that the question as to whether FBD were entitled to avoid liability – in respect of claims arising on foot of business interruption [due to Covid19] – has been the subject of so-called ‘test case’ litigation before the Commercial High Court.

The Justice was due to deliver his judgement on the 15th of January 2021.

The Irish Times [14 January 2021] has reported that:

The High Court has deferred delivering its judgment in four important test cases brought by pub owners over Insurer FBD’s refusal to pay out on business disruption over the Covid-19 pandemic.

The delay is to allow the parties’ lawyers to make further legal submissions to the court arising out of a judgment in a case where similar issues were raised which is due to be given on Friday by the UK’s Supreme Court.

Mr Justice Denis McDonald was …due to give his judgment in the action against the FBD on Friday.

In order to allow the sides to make submissions on the UK court’s findings, the judge said he was putting back his decision. He said he hopes to deliver his judgment in early February.

Both of these cases [the UK ‘FCA’ case and the FBD case] will have an effect on the entitlements of many policyholders and we will be carefully analysing the respective judgments in the coming days and weeks.

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