ARTICLE
15 April 2021

Setting The Bar – FBD Business Interruption Case Demonstrates The Importance Of Policy Wordings

WF
William Fry

Contributor

William Fry is a leading corporate law firm in Ireland, with over 350 legal and tax professionals and more than 500 staff. The firm's client-focused service combines technical excellence with commercial awareness and a practical, constructive approach to business issues. The firm advices leading domestic and international corporations, financial institutions and government organisations. It regularly acts on complex, multi-jurisdictional transactions and commercial disputes.
Earlier this year, the Commercial Court found in favour of a number of publicans in a business interruption test case surrounding losses caused by the COVID-19 pandemic.
Ireland Corporate/Commercial Law

Earlier this year, the Commercial Court found in favour of a number of publicans in a business interruption test case surrounding losses caused by the COVID-19 pandemic. Our Litigation & Dispute Resolution and Insurance & Reinsurance Departments published a briefing on the outcome of the test case here.

In this new briefing, we consider the learnings from the judgment and the interpretation tools used by the Commercial Court in interpreting the policy wording including:

  • "Text in Context" Approach;
  • The "Insured Peril";
  • The Meaning of "Following";
  • Causation;
  • The Counterfactual Position; and
  • Indemnity Considerations.

Please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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