Will hotels reopen in December?
@Lazarus the pubs have been too quiet and taken the restrictions lying down to a large degree.
I really think your spokespeople need to be far stronger in the media over the next day or so. OPEN THE PUBS.
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Hotels can open at the moment?
Ronan Lynch of the famous Swan Bar in Dublin (and erstwhile Limerick hurling prospect) gave it both barrels on the Claire Byrne Show this morning. It was lovely to hear.
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Only for essential workers though I think?
Yes like lads selling Ferraro Rocher
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The pubs have been getting the wage support scheme and the covid restrictions support payments through traditionally the deadest month of the year that they have.
Would a share of them be able to claim from Business interruption insurance as well ?
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Thereâs a big court battle underway on it.
Just with FBD? Are other insurers paying out?
It should be simple. Pubs inside the M50 shouldnât be allowed open. Those outside the M50 can.
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The insurers are acting like cunts here.
If this isnât covered by Business Interruption insurance they may as well throw their hat at it.
Thatâs there jobs take money and be cunts. If the insurance companyâs win this I canât see any point in taking out insurance for business protection
Save Irish Pubs (SIPS). very good.
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Fbd is a test case I assume
SPUDS is more organic youâd imagine. Support Publicans Until DĂĄil Surrenders.
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Correct, Judgement is expected no later that Jan 15th, heres a snippet about it for your records from a similar case in the UK
Insurance Update
The following update is from loss assessors Owens McCarthy:
âSeveral months since the outbreak of disease and the resultant global chaos, the UK High Court has handed down its judgement in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others.
We should, of course, be careful in respect of the effect of any UK judgements in this jurisdiction. Whilst they do not create binding precedent, they are of persuasive effect in the context of Irish litigation.
You will also note the possibility/probability that this judgement will be appealed by the Insurers. Christopher Wollard of the FCA foresees such an action and commented: âIf any parties do appeal the judgement, we would expect that to be done in as rapid a manner as possible in line with the agreement that we made with insurers at the start of this process.â
In the context of our FBD client claimants, this judgement represents a very welcome development. Many of the arguments relied upon by FBD as part of their wholesale repudiation of these losses have now been explored by two eminent British High Court judges.
Key Takeaways:
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The â25 mile radiusâ cover is as wide as we believed it to be. The Court held that outbreak of disease is the âoccurrenceâ of the disease. These clauses were triggered from the point in time at which there were cases of disease in the relevant policy area. This finding will certainly have implications for âFBDâ cases going-forward.
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Trends Clause â Wide Area Damage â Orient Express Hotels case. The UK Court distinguished this case â heavily relied upon by the Insurers â and went on to say that if it had to rule on the case it would have determined that it was wrongly decided. The policy is to put to the Insured back in the same position it would have been had the outbreak of Covid-19 never happened.
There was nothing in this judgement that would have offered any comfort or succour to FBD.
The question now, for FBD, is whether they proceed with the high-profile Commercial High Court test case in the expectation that they cannot succeed, or, instead that they finally provide their Public House Policyholders with the support that they have been contractually entitled-to since the outbreak of the Covid-19 disease.
In either event, we are ready to measure these losses and to negotiate the best possible settlements for our claimant clients.â
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Willie OâDea is gasping for a pint