Insurer AXA has declined to appeal the Wolseley COVID-19 business interruption judgment test case, Corbin & King Ltd and others v AXA Insurance UK plc [2022] EWHC 409 (Comm), giving the hospitality sector hope of recovering their losses
In February, the Commercial Court held the Non-Damage Denial of Access (NDDOA) clause in AXA’s policy provided cover for losses where access to the insured premises was restricted or hindered due to government action in response to the pandemic. Roger Franklin, partner, Edwin Coe, said the judgment was a ‘very important step for policyholders in their efforts to recover the losses they have suffered, and continue to suffer’.
