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In a judgement that is set to have implications for Insurers, the High Court on 30 March 2022 found a business interruption insurance policy held by the ...
In a judgement that is set to have implications for Insurers,
the High Court on 30 March 2022 found a business interruption
insurance policy held by the Devlin Hotel in Ranelagh, Dublin, did
not cover Covid-19 pandemic closure because the disease did not
manifest itself “at” the premises.
In a 94-page judgment, Mr Justice Denis McDonald determined that
the central issue for the court related to the
“closure/disease” clause in the policy. This clause
covered loss as a consequence of "closure or restrictions
placed on the premises on the advice or with the approval of the
Medical Officer of Health of the Public Authority and as a result
of a notifiable human disease manifesting itself at the
premises”. The Devlin had not proved that Covid 19 manifested
"at" the premises in accordance with the policy, he
found.
The judgement provides greater clarity for future rulings on
business interruption claims related to pandemic closures.
Originally published by 31 March 2022
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