Jerry Buttimer (Cork South Central, Fine Gael)
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65. To ask the Minister for Finance the measures being taken to protect former customers of a company (details supplied); his views on limiting the personal liability of such customers; and if he will make a statement on the matter. [40553/14]

Michael Noonan (Limerick City, Fine Gael)
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I am aware of the difficulties that the liquidation of Setanta Insurance Company Limited has caused for Setanta policyholders and those claiming compensation under Setanta insurance policies.  My Department and the Central Bank will in due course be reviewing the overall circumstances relating to Setanta and will report to me on what lessons can be learned and how the framework can be strengthened.

With regard to the position of Setanta claimants, you will appreciate that a liquidation of an insurance company is a legally complex and time consuming process.  In general terms, under the Statute of Limitations, claimants are given two years following an accident to make an initial claim.  However, it could take several years for a particular case to be finalised.  Setanta is a Maltese incorporated company and, therefore, the Setanta liquidation is being carried out under Maltese law. The Setanta Liquidator is currently examining a range of factors in order to estimate the cost of claims and the extent to which claims can be met in the Setanta liquidation.  The Liquidator has advised that settlements can only be paid out after all of the company's liabilities are quantified, including claims.

The Insurance Compensation Fund (ICF) provides for payments to meet the liabilities of insolvent insurers in certain cases where it is unlikely that claims can be met otherwise than from the ICF.  Under the Insurance Act 1964 claims by bodies corporate or unincorporated bodies are not covered by the ICF, except where there is a liability to or by an individual.  In addition, all ICF payments are subject to a limit of 65% of the amount due or €825,000, whichever is the lesser.  Management and administration of the ICF is under the control of the President of the High Court acting through the Office of the Accountant of the Courts of Justice.  The Accountant of the Courts of Justice is currently engaging with both the Setanta Liquidator and his legal advisors to put in place an appropriate mechanism to commence making applications to the High Court in accordance with the Insurance Act 1964.  I understand that at the moment the Accountant is not in a position to put a timeline on when the first applications will be made.  Procedures for processing claims and the timing of payments, including the question of advance payments from the ICF, is a matter for the President of the High Court.

In the event that the amount distributed by the Liquidator following the completion of his assessment of Setanta's liabilities, in combination with the compensation amount available from the ICF, is insufficient to pay the full value of a claim, the policyholder would be liable to pay the balance. I appreciate that the current position is causing uncertainty for the former customers of Setanta Insurance and I have asked that information on ICF procedures is made available publicly as soon as possible.  While this process is still ongoing, the Setanta Liquidator has advised that policyholders and brokers should send correspondence in relation to individual claims or other claims matters as soon as is possible to Setanta Insurance Company Limited (in liquidation) at:

Deloitte & Touche,

Earlsfort Terrace,

Dublin 2.

Tel: 0818 255 255.

Email: .