FBD business interruption insurance
Deputy Doherty raised the FBD insurance test case and its implications for thousands of businesses with interruption cover during Covid-19. The Tánaiste said he would consider it, would read the judgment, and could reflect on any wider implications.
I return to an issue I raised 11 months ago. In May, four small pubs launched a High Court action against one of the biggest players in the insurance industry, FBD Insurance. The judgment is to be handed down tomorrow. The case was taken over FBD's refusal to pay out on business interruption as a result of Covid-19 and thousands of businesses hold similar policies with FBD and, indeed, other insurers. Last month the Financial Conduct Authority, FCA, in Britain won a similar case in the Supreme Court taken on behalf of policyholders. Our Central Bank took no such action. Whatever tomorrow's ruling may be, and that will be independent of everything else, we risk seeing a tidal wave of litigation which would be costly and slow for thousands of businesses. There is an alternative. Will the Tánaiste support me in calling for the Central Bank to put in place an examination similar to the tracker mortgage examination where there is an audit of policies, clear expectations set for insurers and intrusive supervision by the Central Bank with strict enforcement and heavy sanctions for insurers that fail to live up to these expectations? It is time for the Central Bank to defend the interests of these businesses.
Comment on this
I will certainly give it consideration. If the Deputy wishes to write to me or to the Minister, Deputy Donohoe, on the details, we will give it some thought. As the Deputy said, the pubs versus FBD Insurance decision is expected tomorrow. These are significant test cases. It will be interesting to see what decision the courts make. It will have a significant impact potentially on lots of other businesses which had interruption insurance. The question arises whether or not pandemics are covered. I look forward to reading the judgment, reflecting on it and seeing what are its implications.