Doyle v. Irish National Insurance Company plc [1998] IEHC 13; [1998] 1 IR 89; [1998] 1 ILRM 502 (30th January, 1998)

Doyle v. Irish National Insurance Company plc [1998] IEHC 13; [1998] 1 IR 89; [1998] 1 ILRM 502 (30th January, 1998)

The arbitration clause survives the Defendant's avoidance of the insurance contract and is wide enough to cover the dispute; therefore, the proceedings must be stayed and referred to arbitration.

Citation
[1998] 1 ILRM 502
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Civil / Motion to Stay Proceedings
Outcome
Proceedings stayed and dispute referred to arbitration.
Legal Topics
Arbitration Clause, Contract Avoidance, Non Disclosure, Insurance Policy
Insurance Law Arbitration Law Arbitration Clause Contract Avoidance Non Disclosure Insurance Policy

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Motion to Stay Proceedings

Legal Issues

  1. 1 Whether the arbitration clause survives avoidance of the insurance contract due to alleged non-disclosure
  2. 2 Whether the dispute falls within the scope of the arbitration clause

Ratio Decidendi

The arbitration clause survives the Defendant's avoidance of the insurance contract and is wide enough to cover the dispute; therefore, the proceedings must be stayed and referred to arbitration.

Court Disposition

Proceedings stayed and dispute referred to arbitration.

Orders

  • Stay of proceedings pursuant to Section 5 of the Arbitration Act, 1980
  • Dispute to be referred to arbitration in accordance with condition 5 of the insurance policy