Written answers

Thursday, 28 January 2016

Department of Finance

Insurance Industry

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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102. To ask the Minister for Finance the status of Setanta Insurance policy holders with outstanding claims; and if he will make a statement on the matter. [3715/16]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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The liquidation of an insurance company is a legally complex process.  Setanta is a Maltese incorporated company and, therefore, the Setanta liquidation is being carried out under Maltese law. 

Progress in the liquidation of Setanta Insurance has been awaiting the outcome of legal proceedings in the case of the Law Society of Ireland versus the Motor Insurers' Bureau of Ireland (MIBI).  On 4thSeptember 2015, the High Court held that the MIBI is liable in respect of claims against the policy holders of Setanta. This decision was appealed by the MIBI and the appeal was heard between the 12th and 14thof January 2016.  We are currently awaiting the outcome. 

As this case is sub judice, there are certain matters which I am not in a position to comment on at this time.  I am responding to the Deputy's question as best as I can within these constraints. 

The Liquidator for Setanta has informed me that:

- The number of open claims was 1,696 as at 30thNovember 2015.

- The claims reserves position stands at between €87.7 million and €95.2 million.

- The Liquidator is continuing to accept new claims up until May 2016, two years after the insurance policies issued by Setanta were cancelled.

- Final settlements can only be paid out after all of the company's liabilities are quantified, including claims.

- The Liquidator reports that it is proving difficult to settle claims in advance of the outcome of the MIBI appeal.

I expect to be in a better position to inform the House further after the legal proceedings are concluded.

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