Business Interruption claims arising from the COVID-19 pandemic

AIG is aware of the judgments delivered by Mr Justice McDonald in Marlin Hotel v Allianz on 19 September 2024 ([2024] IEHC 550) and 23 April 2025 ([2025] IEHC 226) (together, the “Marlin Judgments”).

 

The High Court held in the Marlin Judgments that an occurrence of COVID-19 at a covered premises (if proven) would, together with occurrences across the State, constitute a concurrent proximate cause of the restrictions introduced by the Government at various times in 2020, provided such occurrence of COVID-19 happened within a certain timeframe before the imposition of those restrictions.

 

AIG was not a party to the proceedings the subject of the Marlin Judgments, which concerned another insurer’s policy wording. However, in light of the Central Bank of Ireland’s COVID-19 and Business Interruption Insurance Supervisory Framework, AIG has taken account of relevant concluded legal outcomes, including the Marlin Judgments, in the context of its own claims-handling. This is to ensure that AIG’s policyholders obtain the benefit of concluded legal outcomes, as appropriate.

 

As part of this exercise AIG has been engaging directly with relevant policyholders. A further notice will be posted once this exercise is completed.