Results 341-360 of 6,295 for speaker:Michael D'Arcy

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: The starting point is the Financial Services and Pensions Ombudsman and, potentially, a person may have to go to court. The concern we have with the current wording is that one would end up with the insurer arguing that it has not been unreasonable or that the delays were not unreasonable. We are concerned that there is an ambiguity in the section. I know the effect the Deputy wants...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: If there is a better way of giving effect to the measure, we are happy to take it but we think the current wording could potentially create a lot of court dates and much legal argument.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I am happy to take a look at it on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: That is a settlement between two parties. The court sanctions the settlement but it does not award it. It is a settlement. If it goes to court, the court is obliged to stay within the guideline limits of the jurisdiction of the court but if the parties to a case go to court and they have settled externally, the court is sanctioning or rather-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: -----it is concluding its portion of it, but it has not directed the settlement.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: Potentially it was two.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: We will look at that. It must be subject to the limit of the court.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: Then that should be two cases.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: The Deputy is referring to two effective damages - one personal and the other is-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: Okay.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: Okay. We will look at it again.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 42: In page 12, between lines 6 and 7, to insert the following: “Limitations on deferring payment of claim until completion of works, etc., in case of property contracts 15. (1) In this section— “claim settlement amount” means, in respect of a relevant claim— (a) unless paragraph (b) applies, the amount that is payable under the...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 43: In page 12, lines 8 to 12, to delete all words from and including “(1) Where” in line 8 down to and including line 12.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 44: In page 12, line 23, to delete “in writing” and substitute “on paper or on another durable medium”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 45: In page 12, lines 31 to 33, to delete all words from and including “Notwithstanding” in line 31 down to and including “where” in line 33 and substitute “Where”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 46: In page 13, line 12, to delete “consumer”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 47: In page 13, line 13, to delete “coming into force” and substitute “commencement”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 48: In page 13, line 21, to delete "coming into force" and substitute "commencement".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 49: In page 13, line 25, to delete “a consumer” and substitute “an”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 50: In page 13, line 32, to delete “consumer”.