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 time for the parties to the proceedings to appeal expired on 17 July 2025.

 

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.