Michael Flatley, famed for his ‘Lord of the Dance’ performances, is contesting the attempts of his former insurer to move his substantial lawsuit pertaining to alleged damage to his property in Co Cork to out-of-court arbitration. His Castlehyde estate in Fermoy, insured by the company until recently, is the subject of a dispute wherein the insurer aims to reinterpret his household policy as a commercial one in favour of the Arbitration Act.
The company in question, Hiscox Société Anonyme, has submitted an application to the High Court for the lawsuit, which is undergoing proceedings in the Commercial Court and involves several defendants over alleged estate damage, to be temporarily held off for arbitration.
In the defence of Mr Flatley, Ronnie Hudson BL, guided by solicitor Maxwell Mooney, submitted to the High Court that Flatley, despite filling stadiums worldwide through his work, remained a consumer in his interactions with the insurance company.
After having heard the arguments from both parties, the verdict was withheld by Mr Justice Michael Twomey.
In the main proceedings of the Commercial Court, Flatley alleged that a toxic chemical residue forced him and his family to leave the period property in October. He is suing several parties, including Hiscox in the High Court’s commercial division, alleging roughly €30 million worth of damage to Castlehyde.
Submitting an affidavit to the High Court, Flatley rejected that a clause for Arbitration had ever been expressly discussed or brought to his notice in multiple insurance policies purchased from Hiscox since 2019. According to him, the clause was buried in fine print, and he would have rejected it if negotiated specifically.
According to Flatley, he never consented to waive his legal rights to approach Irish courts seeking justice. In his view, the Arbitration clause is an unfair term. He believes Hiscox, in an attempt at altering his consumer policy to a more commercial one, is unnecessarily consuming court time and incurring High Court expenses.
The creator of the globally-renowned shows, Riverdance and Lord of the Dance, mentioned that he has managed to attract crowds to some of the most prestigious venues worldwide – including Madison Square Garden in New York, Radio City Music Hall and the London Palladium, to name a few. He is currently undertaking projects for future dance productions. Obstinately, he expressed that despite these successes, he himself had procured insurance coverage from Hiscox SA for his residential property in Castlehyde in a non-commercial capacity.
He expressed his frustration towards the insurance company’s claim that his international performer status excludes him from being viewed as a regular consumer, and firmly rejected any allegations that Castlehyde has a commercial function. He strongly defended himself by saying his only income source isn’t linked to renting out Castlehyde property.
James Burke BL, the counsel for Hiscox, addressed the court, stating that the insurer wanted to put a hold on the ongoing litigation, proceeding in the Commercial Court, initiated by Mr. Flatley, and aspired to carry the case into arbitration.