[FONT="]T[/FONT][FONT="]h[/FONT][FONT="]e Insurance Compensation Fund (the “Fund”)[/FONT]
Introduction
It is maintained and administered under the control of the President of the High Court acting through the Accountant of the High Court.
The Fund is primarily designed to facilitate payments to policyholders in relation to risks in the State where an Irish authorised or an EU authorised non-life insurer goes into liquidation and the approval of the High Court has been obtained for such payments. In such circumstances not all policyholder liabilities are covered and exclusions include health, dental and life policies.
Contributions to the Fund
The Fund is financed through contributions received from non-life insurance companies on business written in respect of risks in the State, up to a maximum of 2% of Gross Written Premium (GWP). In this regard, it should be noted that excluded risks are not levied.
Payments from the Fund
A) For non-life insurance companies in liquidation: Where an undertaking authorised in another Member State goes into liquidation and policyholders in relation to risks in the State are affected, the Accountant of the High Court can make an application to the High Court on their behalf and can distribute any sums due to such policyholders. The total amount that may be paid out of the Fund in respect of any sum due to a person under a policy in the situations outlined above shall not exceed (whether as one payment or as the total of a series of payments) 65% of the sum due to the policyholder or €825,000 whichever is the less. A sum due to a commercial policyholder may not be paid out of the Fund unless the sum is due in respect of a liability to an individual.