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15 September 2020
Issue: 7902 / Categories: Legal News , Commercial , Covid-19 , Insurance / reinsurance
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Business interruption case will help ‘thousands’

The High Court has clarified key issues regarding insurance cover for business interruption caused by COVID-19, in a landmark decision

The test case brought by the Financial Conduct Authority, FCA v Arch Insurance & Ors [2020] EWHC 2448 (Comm), will make it easier for thousands of businesses to make a business interruption claim. The court set out the order of circumstances as the pandemic unfolded and considered policy coverage and the correct construction of terms in relation to various specimen wordings and illustrative scenarios.

Michael Frisby, partner at Stevens & Bolton, said the judgment ‘provides clear guidance to identify which claims are covered in the wake of the pandemic.

‘It will have the effect of reducing the disputes over coverage arising from the pandemic, and should also help resolve some individual disputes. For insurers, the importance of this case is clear when you look at the numbers: it’s been estimated that members of the Association of British Insurers will pay out £1.2bn in the wake of COVID-19 and 75% of this will be for Business Interruption.’

Frisby praised the financial regulator for ‘acting speedily and effectively’ on the issue.

‘For the insured, without the FCA, they would have been left to fight an expensive, lengthy and complex dispute on their own to obtain resolution of the issues raised,’ he said.

‘Small enterprises with little funds or litigation experience were pitted against deep-pocketed and experienced insurers. But the FCA stepped up to the plate. By representing these smaller businesses, there was an equality of arms between claimant and defendant.’

Devonshires partner Stephen Netherway said the judgment ‘gives a much needed lifeline to struggling businesses across the UK and could prevent many from going bankrupt.

‘It provides for many a basis for presenting their COVID-19 business losses under their commercial insurances.’

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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