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ARTICLE · 12 SEPTEMBER 2019

Insurers Must Pay Costs Of Coming Off Record

Dillon Eustace
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A recent decision of the High Court provides some insight as to the extent to which an insurer may be liable to pay costs when it instructs its solicitors to come off record for an insured

IrelandInsurance
Rachel Turner
Rachel Turner
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Insurers must pay costs of coming off record

Susan Levingstone v Arthur O'Leary, Aidan Kenny and Paddy Kelly [2019] IEHC 550 (High Court, Barrett J, 17 July 2019)

A recent decision of the High Court provides some insight as to the extent to which an insurer may be liable to pay costs when it instructs its solicitors to come off record for an insured in legal proceedings, on the basis that they are refusing to provide indemnity/cover in respect of the proceedings.

Background

LK Shields applied for an order to come off record for Mr. O'Leary, the first named defendant, in circumstances where Liberty Insurance, Mr. O'Leary's insurer, had refused to provide indemnity/cover as a result of the failure by him to respond to correspondence from LK Shields about the case.

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