Berney -v- South Dublin County Council & Ors [2014] IEHC 319 (05 June 2014)

Berney -v- South Dublin County Council & Ors [2014] IEHC 319 (05 June 2014)

FBD Insurance failed to conduct a thoroughgoing investigation before instructing solicitors and repudiating liability, resulting in unnecessary costs for plaintiff and first defendant; insurer is liable for those costs.

Citation
[2014] IEHC 319
Parties
Plaintiff: Elizabeth Berney; First Defendant: South Dublin County Council; Second Defendant: Des Gallagher; Third Defendant: Emma Hutchinson; Insurer: FBD Insurance
Jurisdiction
Ireland
Judgment Date
05 June 2014
Procedural Posture
Personal Injury / Post Trial Costs Application
Outcome
Costs application granted against FBD Insurance.
Legal Topics
Costs, Solicitor Coming Off Record, Insurer's Duty of Investigation, Subrogation, Negligence
Civil Procedure Insurance Law Personal Injury Costs Solicitor Coming Off Record Insurer's Duty of Investigation Subrogation Negligence

Case Brief

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Parties

Elizabeth Berney

Plaintiff

South Dublin County Council

First Defendant

Des Gallagher

Second Defendant

Emma Hutchinson

Third Defendant

FBD Insurance

Insurer

Procedural Posture

Personal Injury / Post Trial Costs Application

Legal Issues

  1. 1 Whether FBD Insurance is liable for costs incurred by plaintiff and first defendant due to insurer's solicitor coming off record
  2. 2 Whether insurer conducted a thorough investigation before repudiating liability

Ratio Decidendi

FBD Insurance failed to conduct a thoroughgoing investigation before instructing solicitors and repudiating liability, resulting in unnecessary costs for plaintiff and first defendant; insurer is liable for those costs.

Court Disposition

Costs application granted against FBD Insurance.

Orders

  • FBD Insurance to pay full costs of defending the action to plaintiff and first named defendant.
  • FBD Insurance to pay costs of application to come off record.