You may be aware from recent media coverage that on 15 January 2021 the Supreme Court handed down its ruling on the formal test case brought by the Financial Conduct Authority (FCA).
The case was brought to provide clarity as to whether and the extent to which insurers were obliged to indemnify relevant business interruption policyholders for financial losses incurred following interruption to their businesses resulting from the Covid-19 pandemic and the lockdown measures imposed by the UK Government.
The ruling, which is the final step in the test case process, is binding on the eight insurers involved in the test case but will also influence the way in which insurers not involved but who sell similar policies assess claims for these types of losses.
The test case considered a number of sample insurance policy wordings, comprising business interruption insurances containing what became known as “non damage” policy extensions which, in certain specified circumstances, provide cover for losses resulting from an interruption to a policyholder’s business following:
It is important to note that not all business interruption insurance policies will provide cover in respect of the Covid-19 pandemic. Most notably the majority of business insurance policies, which ordinarily require an element of “physical” damage before cover will apply, do not. The complex judgment ran to 112 pages. In very broad summary, the Supreme Court ruling confirmed:
If you have made a claim under your business interruption policy and this has not been accepted or settled, the FCA’s expectation is that your insurer will assess your claim, or re-assess your claim if it was declined, in light of the ruling, and contact you directly.
If you have not made a claim under your policy, but believe you may be entitled to and/or are not sure if your circumstances or policy is affected by the outcome of the test case, or if you would otherwise like to discuss your claim, then please contact your usual claims contact or advisor, either of whom will be able to assist.
We would also remind you that your policy will contain obligations for you to give prompt notice to insurers of anything which may give rise to a claim on your policy, and to cooperate in the provision of information to insurers regarding your claim, and if you fail to do so any claim may be declined. Accordingly, if you do feel that you have cause to submit a claim, we would recommend that you do so as soon as possible.
We have been engaging collaboratively with insurers on this issue since the outset of the pandemic, and, with its dedicated team of [over 100] claims professionals, is ready to assist clients in the collation and presentation of information in support of their claims, and in encouraging the fair and prompt adjustment and settlement of valid claims by insurers.
Please feel free to contact your usual claims contact or advisor should you have any immediate concerns or wish to discuss your individual circumstances.
The information contained in this bulletin is based on sources that we believe are reliable and should be understood as general risk management and insurance information only. It is not, and is not intended to be taken as, legal advice and/or advice with respect to any specific or individual situation and cannot be relied upon as such.