In the meantime, London’s Supreme Court rejected a UK insurer’s interpretation of a policy wording that was similar to Hiscox’s interpretation. Hiscox emphasised that there was “no ambiguity in the policy wording”. Hiscox declined The Zone’s claim in March 2020, concluding cover had not been triggered because restrictions or closure would have had to be imposed specifically on the policy holder’s premises and, it said, The Zone had closed without an instruction from the HSE to do so. The judge noted the centre’s policy included cover for business interruption caused by an inability to use the office due to “restrictions imposed by a public authority” following the “occurrence of a notifiable human disease”. On foot of this, The Zone closed on March 15. In a ruling delivered on Wednesday, Mr Justice Paul Burns dismissed an appeal by insurance provider Hiscox SA against the Financial Services and Pensions Ombudsman’s decision to uphold a complaint by NME Zone Limited, trading as The Zone in Co Meath.įollowing the pandemic outbreak in early 2020, industry group Play Activity and Leisure Ireland informed The Zone that various Government departments, including the Department of Health, recommended the closure of play centres. The High Court has upheld an ombudsman’s ruling it was unreasonable for an insurance provider to refuse to pay out business disruption cover to a children’s play centre for closures due to Covid-19.
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