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Clarence Hotel operator loses Covid business disruption case against insurer Axa
Brushfield, trading as the Clarence Hotel, claimed it was entitled to be compensated for losses due to the lockdowns under its insurance policy.
Mon, 19 Apr, 2021 - 17:30
Ann O’Loughlin
The operator of Dublin s Clarence Hotel has lost a High Court action against Axa claiming it was entitled to cover under business-interruption insurance as a result of the Covid pandemic.
Brushfield, trading as the Clarence Hotel, claimed it was entitled to be compensated for losses due to the lockdowns under its insurance policy.
Mr Justice Denis McDonald said he had not been persuaded that cover is available under the specific terms of the Axa policy for losses as a result of the closure of the hotel and its Octagon bar in the wake of government advice on Covid.
The operators of Dublin s Clarence Hotel claim that because one of the consequences of the Covid-19 virus is acute encephalitis - inflammation of the brain - they are covered for lockdown losses under their insurance policy for business interruption, the Commercial Court has heard.
Brushfield Ltd, trading as The Clarence Hotel, says it is entitled to be compensated for losses due to the lockdowns under its Enterprise insurance policy with AXA.
It is suing the insurance company and the agent who provided the policy, Arachas Corporate Brokers Ltd.
The defendants deny the claims and a counter-claim is being made seeking declarations including that Brushfield s losses are not covered.