Monday 5 December 2016

Victims' plight lost in €90m row over who should pay for insolvent firm

Published 22/06/2016 | 02:30

The President of the Court of Appeal, Mr Justice Seán Ryan, found
the department’s position could not be considered to be decisive. Photo: Collins Courts
The President of the Court of Appeal, Mr Justice Seán Ryan, found the department’s position could not be considered to be decisive. Photo: Collins Courts

It has become the €90m question: just how will senior judges interpret a crucial line in an agreement between insurers and the State?

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Essentially, that is what the row over who should carry the can for the 2014 collapse of Setanta Insurance turns on. The issue is quite technical and has divided the sharpest of legal minds. But it will have huge ramifications for every motorist in the country and the 1,750 injured parties with claims against drivers who were insured by the Maltese-registered firm.

All eyes will be on the Supreme Court in the coming months when it examines 'Clause 4.1.1' in an agreement between the Motor Insurers' Bureau of Ireland (MIBI) and the Department of Transport.

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