Hu -v- Duleek Formwork Ltd & Anor [2013] IEHC 50 (05 February 2013)

Hu -v- Duleek Formwork Ltd & Anor [2013] IEHC 50 (05 February 2013)

The plaintiff cannot maintain a claim against Aviva because there is no privity of contract, Section 62 does not apply as no monies are payable under the policy due to breach of a condition precedent (non-payment of excess), and no duty of care in negligence exists from Aviva to the plaintiff to inform him of the breach. The proceedings disclose no reasonable cause of action and must be struck out.

Citation
[2013] IEHC 50
Parties
Plaintiff: Yun Bing Hu; First Defendant: Duleek Formwork Limited (In Liquidation); Second Defendant: Aviva Direct Ireland Limited t/a “Aviva”
Jurisdiction
Ireland
Judgment Date
05 February 2013
Procedural Posture
Personal Injury / Insurance / Application to Strike Out Proceedings Against Insurer (aviva) for Disclosing No Reasonable Cause of Action
Outcome
Proceedings against Aviva struck out for disclosing no reasonable cause of action; no amendment could save the claim.
Legal Topics
Privity of Contract, Third Party Claims Against Insurers, Section 62 Civil Liability Act 1961, Duty of Care, Negligence, Striking Out Proceedings
Insurance Law Tort Law Civil Procedure Privity of Contract Third Party Claims Against Insurers Section 62 Civil Liability Act 1961 Duty of Care Negligence +1 more

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 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Yun Bing Hu

Plaintiff

Duleek Formwork Limited (In Liquidation)

First Defendant

Aviva Direct Ireland Limited t/a “Aviva”

Second Defendant

Procedural Posture

Personal Injury / Insurance / Application to Strike Out Proceedings Against Insurer (aviva) for Disclosing No Reasonable Cause of Action

Legal Issues

  1. 1 Whether the plaintiff can maintain a claim directly against the insurer (Aviva) under Section 62 of the Civil Liability Act 1961 when the insured (employer) breached a condition precedent (non-payment of excess) and insurer repudiated liability
  2. 2 Whether Aviva owed a duty of care in negligence to the plaintiff to inform him of the breach so he could remedy it

Ratio Decidendi

The plaintiff cannot maintain a claim against Aviva because there is no privity of contract, Section 62 does not apply as no monies are payable under the policy due to breach of a condition precedent (non-payment of excess), and no duty of care in negligence exists from Aviva to the plaintiff to inform him of the breach. The proceedings disclose no reasonable cause of action and must be struck out.

Court Disposition

Proceedings against Aviva struck out for disclosing no reasonable cause of action; no amendment could save the claim.

Orders

  • Proceedings against the second named defendant (Aviva) struck out under the inherent jurisdiction of the Court.