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 avoidance of the insurance contract and is wide enough to cover the dispute; therefore, the proceedings should be stayed and referred to arbitration.

Citation
[1998] IEHC 13
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Civil / Motion to Stay Proceedings
Outcome
proceedings stayed; dispute referred to arbitration
Legal Topics
Arbitration Clause Validity, Non Disclosure, Contract Avoidance
Insurance Arbitration Arbitration Clause Validity Non Disclosure Contract Avoidance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Motion to Stay Proceedings

Legal Issues

  1. 1 Does the arbitration clause survive avoidance of the insurance contract due to alleged non-disclosure?
  2. 2 Is the arbitration clause wide enough to cover the present dispute?

Ratio Decidendi

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

Court Disposition

proceedings stayed; dispute referred to arbitration

Orders

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