{"id":266986,"date":"2026-01-27T19:20:13","date_gmt":"2026-01-27T19:20:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/266986\/"},"modified":"2026-01-27T19:20:13","modified_gmt":"2026-01-27T19:20:13","slug":"mediation-failing-to-resolve-creeslough-explosion-insurance-payout-dispute-court-told-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/266986\/","title":{"rendered":"Mediation failing to resolve Creeslough explosion insurance payout dispute, court told \u2013 The Irish Times"},"content":{"rendered":"

Mediation is unlikely to resolve a dispute over the distribution of insurance<\/a> payouts to apartment owners in Creeslough<\/a>, Co Donegal, where an explosion<\/a> in 2022 claimed the lives of 10 people, the Commercial Court heard.<\/p>\n

Four men, three women and three children, ranging in age from five to 59, died in the explosion on October 7th, 2022.<\/p>\n

The dispute centres on a claim by the apartment owners that they are entitled to a form of equitable and\/or beneficial claim and\/or are entitled to be treated as insured under the insurance policy, which covered the Applegreen service station property where the explosion occurred. <\/p>\n

The property is owned by Vivo Shell Ltd, which also owned three of the 16 apartments on the site. It was insured by Aviva Insurance Ireland Ltd.<\/p>\n

Aviva is suing Vivo Shell as well as a number of the other apartment owners, who are couples and individuals.<\/p>\n

Aviva says it wants to get the dispute resolved quickly. <\/p>\n

It says the insurance policy issued to Vivo Shell in 2022 meant the buildings were insured for \u20ac1.7 million and contents at \u20ac65,000. The amount for public liability, for any one event, was \u20ac6.5 million.<\/p>\n

Aviva says that while the policy makes no express reference to the apartment owners as having any entitlement under the policy, since the explosion they have asserted that they have certain other entitlements under the insurance policy.<\/p>\n

Aviva says Vivo Shell appears to acknowledge the apartment owners have an entitlement under the buildings sum insured, but there has been no agreement on how the proportions of that sum should be divided between them.<\/p>\n

[\u00a0Creeslough explosion: \u2018Lives have moved on but we are still stuck on October 7th, 2022\u2032Opens in new window<\/a>\u00a0]<\/p>\n

Aviva has no objection to the recognition of the right of apartment owners to a share in the buildings insurance and notes the clear difference over contents insurance. It says it has been anxious at all times to ensure no party is unduly preferred where it says the premises have been underinsured for the losses which have occurred.<\/p>\n

On Monday, Andrew Fitzpatrick SC, for Aviva, told Mr Justice Mark Sanfey the mediation process has been going on and the court case had been adjourned a number of times to facilitate this. <\/p>\n

However, it now appears it will not be mediated, he said. Negotiations had taken some time but \u201cit has not been possible to get a resolution though it may be possible in the future,\u201d he said. <\/p>\n

In view of this, counsel said, he was asking for an adjournment to allow the parties work out a procedure for the hearing of the case. <\/p>\n

Mr Justice Mark Sanfey adjourned it for two weeks.<\/p>\n","protected":false},"excerpt":{"rendered":"Mediation is unlikely to resolve a dispute over the distribution of insurance payouts to apartment owners in Creeslough,…\n","protected":false},"author":2,"featured_media":266987,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[6573,72,983,1485,131234,61,5167,60,131235],"class_list":{"0":"post-266986","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-business","8":"tag-aviva","9":"tag-business","10":"tag-creeslough","11":"tag-donegal","12":"tag-donegal-explosion","13":"tag-ie","14":"tag-insurance","15":"tag-ireland","16":"tag-justice-mark-sanfey"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/266986","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=266986"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/266986\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/266987"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=266986"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=266986"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=266986"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}