Contempt allegation raised as publicans sue FBD
FBD is considering an application for contempt of court over an alleged leaking of documents relating to a case being taken by four publicans.
The publicans are taking a case against the insurer over its refusal to pay out for losses incurred by the Covid pandemic.
Dublin pubs Sinnotts, Lemon & Duke and The Leopardstown Inn, and Athlone-based Sean’s
Bar are suing FBD in the Commercial Court as they believe their policies covered the disruptive impact of Covid-19 on their businesses.
Declan McGrath, a senior barrister representing FBD, raised the alleged contempt issue after Mr Justice Denis McDonald ruled in the publicans’ favour regarding the admissibility of documents concerning FBD’s exposure in respect of the business interruption claims.
Mr McGrath said he was again seeking to have this evidence ruled inadmissible as he claimed that some
of these documents had already found their way into the public domain and this should not have occurred.
Contents of the documents appeared in a number of media articles, he said.
Judge McDonald said that while he was not looking at any particular party, the matter needed to be investigated.
On day two of the hearing, the court heard how a side letter furnished on March 2 to Noel Anderson, co-owner of Lemon & Duke, stated its policy covered coronavirus.
The letter was sent by FBD employee Paul Shanahan after Mr Anderson sought assurance Lemon & Duke would be covered before taking out the policy.
Counsel for FBD said no business in Ireland has ever asked for pandemic cover, nor has FBD ever provided it. Judge McDonald pointed out that Lemon & Duke had sought it.
Mr McGrath praised Mr Anderson for his foresight, but said this only happened “after events in China”.
The hearing continues.