News Archive

Landlord Tenant Dispute (Technical Bulletin)

As demonstrated during the various Court Hearings associated with the Covid-19 business interruption claims, Courts or dispute resolution forums in different countries or jurisdictions are often influenced by a decision elsewhere. In this respect I came across a case in “Insurance” which is an Australian publication, which I thought was very interesting in the context of both Policy Liability and Legal Liability and bearing in mind that Policy wordings are not dissimilar from jurisdiction to jurisdiction and that these cases can have persuasive...

The Dangers of Chargers, Batteries & Cables

Cork local media reported on a significant house fire in December 2021 when an electric golf trolley “burst” into flames after making a “hissing and cracking” noise. The trolley was being charged in a bedroom and the occupant noticed the battery was getting hot and then a “ flame bursting from it”. He threw it out but the fire had already spread and there was extensive damage to the house. We have dealt with a number of fires involving batteries and chargers or laptops placed on beds etc....

Ronan O’Mahony joins FCLA team

I am delighted  to announce that Ronan O’Mahony, Chartered Quantity Surveyor has joined FCLA. Ronan holds a Bachelor of Science in Construction Economics (Quantity Surveying) First Class Honours and he has completed the APC (Assessment of Professional Competence) attaining Chartered status via The Society of Chartered Surveyors Ireland and The Royal Institute of Chartered Surveyors – MRICS MSCSI. Ronan has previous experience with a firm of Chartered Quantity Surveyors and also with a building and  civil engineering contractor and has worked as a Senior...

Covid-19 FBD – BI Commercial Court judgement

Our article outlines how the Commercial Court decision was based very much on the UK Supreme Court decision but again largely confined to Policies with radius cover.  There was a “sting in the tail” in terms of the indemnity period and we suggested that this will create issues or difficulty in terms of quantum but that the further “quantum hearing” on the 17th February 2021 should clarify matters.

Covid-19 Bulletin – UK Supreme Court decision

In this article we provide a detailed analysis of the UK Supreme Court decision and how in reality it dealt with the “pervasive” argument and how the Orient Express Hotel decision was more or less overruled.

“Insurance Times” article dealing with reinstatement payouts.

In this article we outline the position in relation to Great Lakes -v- Western Trading (2016) and the Sartex Quilts & Textiles -v- Endurance Corporate Capital is referred to in the Insurance Times.  We outline how the insured’s intentions are paramount and how in reality “payouts” are controlled and dictated by the terms of the Policy conditions, more particularly the Reinstatement Memorandum.

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