News

Supreme Court to decide on business interruption insurance cases

With the announcement that courts can continue to remain open during November’s national lockdown, businesses will be looking to the outcome of the urgent test case appeal brought by the Financial Conduct Authority which is being heard on 16 November, reports the Law Gazette.

The FCA originally brought the test case in the high court, hoping to establish whether policyholders affected by coronavirus are covered by business interruption insurance (BII) and should therefore receive payouts, with judgment given in September in favour of the FCA, and in turn the businesses seeking payouts from their insurers for the cost of the pandemic. Despite that, the FCA are appealing for further clarity.

The Supreme Court will now determine “matters of construction relating to disease clauses, prevention of access clauses and hybrid clauses.”

Posted on 11/05/2020 by Ortolan

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