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11 September 2024
Issue: 8085 / Categories: Legal News , Commercial , Insurance / reinsurance , Health & safety
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Businesses given green light for Covid claims

Thousands of companies are entitled to claim business interruption insurance for losses caused by the Covid-19 pandemic, the Court of Appeal has held in a landmark decision

In London International Exhibition Centre v RSA & Ors [2024] EWCA Civ 1026, the court heard six expedited test cases concerning policies providing cover for disease occurring ‘at the premises’ of the policyholder.

Handing down their judgment this week, the court dismissed insurers’ appeals on the issues of causation, knowledge and the relevance of the requirement for closure of the premises to be on the approval or advice of a medical officer of health. Lords Justice Males and Popplewell and Lady Justice Andrews confirmed businesses with an ‘at the premises’ disease clause in their policies are entitled to claim an indemnity for their loss of gross profit caused by the UK government’s response to the pandemic.

Erich Kurtz, senior associate at Hugh James, which acted for ‘Why Not Bar’, said the judgment was ‘another crucial step in providing vital legal certainty’ to businesses.

Aaron Le Marquer, partner at Stewarts, acting for ExCel, said: ‘Many policyholders who were previously denied cover may in fact have significant payments available to them under their insurance policies.’

Stewarts is also acting in Bath Racecourse & Ors v Liberty Mutual Insurance, due to be heard by the Court of Appeal in January 2025. It will determine whether insurers can deduct furlough—government payments for furloughed employees during lockdown—from Covid business insurance payouts.

In 2021, the Supreme Court clarified what policyholders with a ‘radius’ clause must prove in order to recover business interruption losses resulting from their premises closing due to government action on Covid-19, in Financial Conduct Authority v Arch Insurance (UK) [2021] UKSC 1. The case concerned loss due to disease occurring within a specified radius of the policyholder’s premises.

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
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Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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