In our latest publication, we compare two recent Irish High Court decisions; Hyper Trust Limited v FBD Insurance  IEHC 78 (FBD) and Brushfield Limited v Arachas Corporate Brokers Limited and AXA Insurance DAC  IEHC 263 (AXA). These cases involved claims for compensation under the plaintiffs' respective insurance policies for losses incurred due to the closure of their premises, as a result of government restrictions introduced in response to the COVID-19 pandemic.
In the FBD case, the plaintiffs successfully argued they were entitled to compensation for losses incurred. The plaintiff's arguments in the AXA case failed to establish that they were entitled to compensation. This publication examines the differences between the clauses contained in the respective insurance policies, and identifies the features of the plaintiffs' policy in FBD, which led them to be successful in their claim.