Murphy -v- Allianz Plc [2014] IEHC 692 (05 December 2014)

Murphy -v- Allianz Plc [2014] IEHC 692 (05 December 2014)

Section 62 of the Civil Liability Act 1961 does not apply as Bri-Mo Ltd is not in liquidation; even if it were, the claim was validly repudiated and no monies are payable under the policy. There is no privity of contract or duty of care between Allianz and the plaintiff. The proceedings disclose no reasonable cause of action and are bound to fail.

Citation
[2014] IEHC 692
Parties
Plaintiff: Michael Murphy; Defendant: Allianz Plc
Jurisdiction
Ireland
Judgment Date
05 December 2014
Procedural Posture
Application to Strike Out Proceedings / Final Judgment on Motion to Strike Out
Outcome
Plaintiff's claim struck out
Legal Topics
Section 62 Civil Liability Act 1961, Strike Out Proceedings, Privity of Contract, Repudiation of Insurance Policy, Duty of Care, Hearsay Evidence
Insurance Law Civil Procedure Section 62 Civil Liability Act 1961 Strike Out Proceedings Privity of Contract Repudiation of Insurance Policy Duty of Care Hearsay Evidence

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Parties

Michael Murphy

Plaintiff

Allianz Plc

Defendant

Procedural Posture

Application to Strike Out Proceedings / Final Judgment on Motion to Strike Out

Legal Issues

  1. 1 Does section 62 of the Civil Liability Act 1961 apply where the insured company is not in liquidation?
  2. 2 Was the insurance policy validly repudiated by Allianz?
  3. 3 Does the plaintiff have privity of contract or a duty of care owed by Allianz?

Ratio Decidendi

Section 62 of the Civil Liability Act 1961 does not apply as Bri-Mo Ltd is not in liquidation; even if it were, the claim was validly repudiated and no monies are payable under the policy. There is no privity of contract or duty of care between Allianz and the plaintiff. The proceedings disclose no reasonable cause of action and are bound to fail.

Court Disposition

Plaintiff's claim struck out

Orders

  • Proceedings struck out pursuant to Order 19, Rule 28 of the Rules of the Superior Courts
  • Proceedings struck out pursuant to the inherent jurisdiction of the court