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High Court provides additional guidance on the implications of a previous judgment regarding business interruption insurance claims due to COVID-19 restrictions. The court clarified that COVID-19 cases at insured premises between midnight on December 9th, 2020, and December 22nd, 2020, contributed to the enactment of government restrictions and are therefore relevant for insurance claims. However, cases prior to December 9th, 2020, are not considered causative for the restrictions. Additionally, the court established that cases diagnosed within five days after a restriction order may be considered as having occurred prior to the order, potentially validating related insurance claims.
business interruption insurance, COVID-19 pandemic, government restrictions, insurance claims, causation, incubation period, diagnosis, High Court, notifiable disease, public health, Health Protection Surveillance Centre (HPSC), National Public Health Emergency Team (NPHET), statutory instruments, insurance policy, Extension 6, Allianz business policy, Central Bank of Ireland, COVID-19 and Business Interruption Insurance Supervisory Framework, proximate cause, infectious period, restriction orders, Hyper Trust Ltd. v. FBD Insurance plc, London International Exhibition Centre plc v Allianz Insurance plc (Excel case).
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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