Moloney v Cashel Taverns Limited (In Voluntary Liquidation)
& Anor (10 December 2020)
The High Court held that an insurance company was justified in
refusing indemnity to its insured where the insured was fully aware
of the incident giving rise to the claim but failed to promptly
notify them.
Background
The plaintiff suffered an accident at work while working for
Cashel Taverns Limited ("the insured"),
injuring her ankle and shoulder. The plaintiff initially brought
proceedings against the insured only and was awarded general
damages in the sum of €35,000 and special damages in the sum
of €2,332. However, as the insured was subsequently put into
voluntary liquidation, the plaintiff applied to join the insurers
of the insured as a co-defendant to the proceedings pursuant to
section 62 of the Civil Liability Act 1961.
