Moloney v Cashel Taverns Ltd (In Voluntary Liquidation) & anor (Approved) [2020] IEHC 658 (10 December 2020)

Moloney v Cashel Taverns Ltd (In Voluntary Liquidation) & anor (Approved) [2020] IEHC 658 (10 December 2020)

The insurer was entitled to repudiate the policy due to the insured's failure to notify the insurer of the accident for over 17 months, which constituted a breach of a condition precedent to liability. As a result, no moneys were payable under the policy, and the Plaintiff could not enforce the judgment against Liberty Insurance under s.62 of the Civil Liability Act, 1961.

Citation
[2020] IEHC 658
Parties
Plaintiff: Stephanie Moloney; First Named Defendant: Cashel Taverns Limited (In Voluntary Liquidation); Second Named Defendant: Liberty Insurance DAC
Jurisdiction
Ireland
Judgment Date
10 December 2020
Procedural Posture
Personal Injuries/insurance Enforcement / Judgment After Trial on Insurer's Liability Under S.62 Civil Liability Act, 1961
Outcome
Plaintiff's claim against Liberty Insurance dismissed
Legal Topics
Late Notification of Insurance Claims, Repudiation of Insurance Policy, Section 62 Civil Liability Act 1961, Employer's Liability, Enforcement of Judgment Against Insurer
Insurance Law Personal Injury Company Law Late Notification of Insurance Claims Repudiation of Insurance Policy Section 62 Civil Liability Act 1961 Employer's Liability Enforcement of Judgment Against Insurer

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Stephanie Moloney

Plaintiff

Cashel Taverns Limited (In Voluntary Liquidation)

First Named Defendant

Liberty Insurance DAC

Second Named Defendant

Procedural Posture

Personal Injuries/insurance Enforcement / Judgment After Trial on Insurer's Liability Under S.62 Civil Liability Act, 1961

Legal Issues

  1. 1 Whether Liberty Insurance was entitled to repudiate the insurance policy for late notification under its terms and conditions
  2. 2 Whether the Plaintiff can enforce the judgment against Liberty Insurance under s.62 of the Civil Liability Act, 1961

Ratio Decidendi

The insurer was entitled to repudiate the policy due to the insured's failure to notify the insurer of the accident for over 17 months, which constituted a breach of a condition precedent to liability. As a result, no moneys were payable under the policy, and the Plaintiff could not enforce the judgment against Liberty Insurance under s.62 of the Civil Liability Act, 1961.

Court Disposition

Plaintiff's claim against Liberty Insurance dismissed

Orders

  • Liberty Insurance is not liable to indemnify the Plaintiff under s.62 of the Civil Liability Act, 1961
  • No order for payment by Liberty Insurance to Plaintiff