Setanta Insurance Company Limited (In Liquidation)
On Friday 4 September 2015, the High Court determined that the Motor Insurers Bureau of Ireland ("MIBI") is liable to pay out in respect of claims against persons who were insured with Setanta at the time of its entry into liquidation.
The MIBI appealed the High Court’s decision to the Court of Appeal. The appeal hearing took place in January and on 2 March 2016 the Court of Appeal dismissed the MIBI’s appeal. The MIBI has since decided to apply to the Supreme Court for leave to appeal the Court of Appeal’s judgment.
The Liquidator is keen to progress the payment of claims and is liaising with the relevant parties to clarify the next steps to achieve this outcome. As soon as there is an update as to how and when payments are to be dealt with, a further notification will be published here.
Meeting of the Creditors
In accordance with Article 296 of the Companies Act, Chapter 386 of the Laws of Malta of a meeting the creditors of the Company took place on Friday 26th June, 2015 at Office 4, Verdala Business Centre, Level 1, LM Complex, Brewery Street, Mriehel, Birkirkara BKR 3000 at 09:30 hrs local time.
Please click here for the liquidators account of the his acts, dealings and conduct of the winding up of the company for the 12 month period 30th April 2015 and here for a summary of the minutes of the meeting.
The Claims Process For Setanta
To make a claim, it is a prerequisite that the claim is covered by an insurance policy, issued by Setanta, that was valid at the time the incident/accident giving rise to the claim occurred. Therefore, the incident/accident must have occurred prior to 26th May 2014, in respect of private vehicle policies and 29th May 2014 in respect of commercial vehicle policies, as it was on these dates that insurance policies issued by Setanta were cancelled by Setanta's liquidator.
A claim can be based on:
Ø A court order
Ø An injuries board order to pay
Ø A settlement agreement between the claimant and Setanta
How to make a claim if you have not previously notified Setanta
The first step is to notify Setanta's liquidator of the claim. Setanta's liquidator is tasked with the orderly liquidation of Setanta and is required to identify all liabilities of Setanta.
Contact details are as follows:
Setanta Insurance Company Ltd (In Liquidation)
Tel: 0818 255 255
Once notified of a claim, Setanta's Liquidator will proceed to validate whether the claim:
Ø Is covered by a valid insurance policy issued by Setanta, and
Ø Is finalised as a result of (i) a Court order; or (ii) an Injuries Board Order to Pay; or (iii) a settlement agreement being in place.
Notice to Policyholders
At an Extraordinary General Meeting of Setanta Insurance Company Limited (the ''Company'') held on 16th April 2014 it was resolved that the Company surrender its insurance business licence to the Malta Financial Services Authority and be immediately dissolved. Furthermore at a meeting of creditors of the Company held on 30th April 2014 I was appointed as liquidator of the Company.
Take notice that all policies of insurance issued by or on behalf of the Company have now been cancelled. All private vehicle insurance policies issued by the Company which remained active on 26th May 2014 were cancelled with immediate effect on that date. In addition all commercial vehicle Insurance policies issued by the Company which remained active on 29th May 2014 were cancelled with immediate effect on that date. Notices of cancellation were issued on 19th May and all policies were cancelled in accordance with the applicable policy documents.
I believe this to be in the best interest of policyholders as it avoids a situation where consumers continue to drive vehicles insured by the Company in circumstances where their claims would be unlikely to be paid in full.
This notice supercedes all previous Company and third party communications.
Policyholders and brokers should continue to send correspondence on individual Claims or other claims matters to the Company at:
Tel: 0818 255 255
Setanta Insurance Company Limited (in liquidation)
1. As a former policyholder, do I need to take any action now that the company is in liquidation?
As all Setanta Insurance policies have now been cancelled, you should ensure you have arranged alternative cover with your broker immediately. Your Setanta Insurance disc and Certificate should be returned to your broker.
The Liquidator of Setanta Insurance wrote to all policyholders on 19th May informing them of his intention to cancel all motor policies issued by Setanta Insurance in accordance with the cancellation periods set out in the terms and conditions of policies.
All remaining private vehicle insurance policies were cancelled by the liquidator on 26th May and all Commercial vehicle policies were cancelled on 29th May.
2. Will I receive a refund for the outstanding cover on my policy?
Irrespective of whether the cancellation is made by Setanta Insurance or the policyholder, Setanta Insurance is not in a position to guarantee pro rata return of premiums.
3. Where can I get a copy of my no claims bonus certificate?
All no claim bonus certificates have now been sent to brokers.
4. How do I make a claim?
Please complete the relevant claim form and return to the address above.