Stewart -v- McKenna & Ors [2014] IEHC 301 (30 May 2014)

Stewart -v- McKenna & Ors [2014] IEHC 301 (30 May 2014)

The assignment of 23rd March 2011 was a valid assignment of the benefit of Allianz Policy No. DN CPD 3544665 to the McKennas; Allianz is on notice and must pay the McKennas if payment is due. The McKennas cannot currently avail of s.62 of the Civil Liability Act, 1961, as they have not obtained judgment against Kapada. The arbitration referral was valid and in time; the McKennas may join the arbitration by submitting to the arbitrator but are not obliged to do so and may instead litigate their claim, provided they have not already submitted to arbitration. No extension of time under s.45 of the Arbitration Act, 1954 is available to the McKennas.

Citation
[2014] IEHC 301
Parties
Plaintiff: Ann Stewart; Defendant: Karl McKenna; Defendant: Wendy McKenna; Defendant: Kapada Limited trading as Homebuilder; Third Party: Allianz plc
Jurisdiction
Ireland
Judgment Date
30 May 2014
Procedural Posture
Civil / Preliminary Issues Determination
Outcome
Preliminary issues determined; assignment valid; McKennas may arbitrate or litigate; no extension of time for arbitration; s.62 not currently available.
Legal Topics
Assignment of Insurance Policy, Arbitration Clauses, Section 62 Civil Liability Act 1961, Liquidation and Insurance Proceeds, Extension of Time for Arbitration
Insurance Law Contract Law Civil Procedure Assignment of Insurance Policy Arbitration Clauses Section 62 Civil Liability Act 1961 Liquidation and Insurance Proceeds Extension of Time for Arbitration

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Parties

Ann Stewart

Plaintiff

Karl McKenna

Defendant

Wendy McKenna

Defendant

Kapada Limited trading as Homebuilder

Defendant

Allianz plc

Third Party

Procedural Posture

Civil / Preliminary Issues Determination

Legal Issues

  1. 1 Whether the assignment of the benefit of the insurance policy to the McKennas was valid and effective against Allianz
  2. 2 Whether the McKennas are entitled to seek indemnity under the policy
  3. 3 Whether the claim for indemnity was abandoned by failure to refer to arbitration within 12 months

Ratio Decidendi

The assignment of 23rd March 2011 was a valid assignment of the benefit of Allianz Policy No. DN CPD 3544665 to the McKennas; Allianz is on notice and must pay the McKennas if payment is due. The McKennas cannot currently avail of s.62 of the Civil Liability Act, 1961, as they have not obtained judgment against Kapada. The arbitration referral was valid and in time; the McKennas may join the arbitration by submitting to the arbitrator but are not obliged to do so and may instead litigate their claim, provided they have not already submitted to arbitration. No extension of time under s.45 of the Arbitration Act, 1954 is available to the McKennas.

Court Disposition

Preliminary issues determined; assignment valid; McKennas may arbitrate or litigate; no extension of time for arbitration; s.62 not currently available.