asked the Minister for Industry and Commerce whether he is aware of the fact that a firm of underwriters who undertake personal accident insurances in this country have refused to insert a clause in such insurance policies whereby they will accept the jurisdiction of the Irish courts in the event of a dispute on the terms of the policy; and, if so, whether he will take such steps as are open to him to require the underwriters concerned to accept the jurisdiction of the Irish courts in cases where the insurance is effected on an Irish citizen resident in this country.
Ceisteanna—Questions. Oral Answers. - Courts Insurance Jurisdiction.
I have not received any complaint of this kind. If the Deputy will furnish me with details of the case or cases which have come to his notice, I will look into the matter.
May I take it that the Department or the Minister have no knowledge of the fact that Lloyds' underwriters refuse to insert in policies which they issue in this country a clause which accepts the jurisdiction of the Irish courts and that, in fact, they insist in certain policies taken out on behalf of persons resident here that those who effect policies of insurance must consent to the jurisdiction of the British courts in the event of any dispute?
I have said that no such complaint has reached me and I cannot even conceive the circumstances under which a clause accepting the jurisdiction of Irish courts would require to be introduced into a policy issued here.
Is the Minister aware that a broker in this country haswritten to a person who wanted to effect a policy with Lloyds' underwriters in this country saying: "I have been in touch with our London agent and I spoke to our chairman about the insertion of an Irish jurisdiction clause but I regret to say the underwriters are unwilling to include it"? Does the Minister now think that that is compatible with our status that a firm underwriting insurance should deliberately refuse to accept the jurisdiction of the Irish courts and insist that any dispute arising out of any such policy must be made the subject of an action in the English courts?
The Deputy is raising a legal point. So far as I know if the policy is issued in this country it has to be a policy which is valid in this country and, therefore, would be subject to the jurisdiction of the Irish courts.
Is the Minister aware that a person who tried to effect this policy was previously informed by senior counsel that if any dispute arose out of the policy the dispute must be heard by the English courts; that the policy did not permit the dispute being dealt with by the Irish courts? Would the Minister express some opinion on that kind of conduct by an insurance company operating in this country?
I have already said to the Deputy that I have received no such complaint and I am not accepting the opinion of any anonymous senior counsel as necessarily expressing the state of the law in this country.