Covid-19 business interruption test case to be heard by hybrid arrangement

A test case relating to Covid-19 business interruption insurance is to go ahead in the Commercial Court using a hybrid remote and physical hearing arrangement.

With the Courts Service investing €2.2 million this year to ensure courtrooms are video-link enabled, the case, to be heard over three days later this month, involves the operators of the Old Imperial Hotel in Youghal, Co Cork, and a Slovenia-based insurance company.

On Monday, Mr Justice Denis McDonald approved the use of the purpose-designed Trialview system for the hearing of the case following recommendations from lawyers for both sides. The judge said lawyers can attend court in person while witnesses can give evidence by video. The entire case will be streamed via Trialview.

The operators of the Old Imperial, Coachhouse Catering Ltd, are suing the Zavarovalnica Sava insurance company under the Central Bank (Supervision and Enforcement) Act 2013 for alleged breach by the insurer of certain regulatory obligations

It seeks declarations that it is entitled to be indemnified under its contract of insurance which ran from February 2020 to February of this year. It also seeks damages for breach of contract including aggravated and/or exemplary damages.

Zavarovalnica Sava, which refused indemnity, disputes the claim.