header-logo header-logo

14 May 2020 / Joshua Munro , Theo Barclay
Issue: 7886 / Categories: Features , Commercial , Covid-19
printer mail-detail

Cause & effect

20699
Business interruption insurance & COVID-19: causation & quantum issues. Theo Barclay & Joshua Munro report

In brief

  • Causation: variation due to different types of policy.
  • Mitigation: a hostile battleground.
  • ‘Other circumstances’ clauses: underlying market trends.
  • Quantum: detailed mechanisms of calculation.

Whether a business has cover for losses caused by COVID-19 and/or the lockdown depends, of course, on policy terms. Even if there is cover, insurers may have interesting defences on points of causation and/or loss, as discussed below. If claims are not carefully formulated as to causation and quantum from the outset and/or are not based on appropriate facts, they may fail.

Causation

The causation issues engaged will vary for the different types of policy under which claims are likely to be made:

  • Business interruption (BI) policies covering losses caused by restrictions imposed as a result of a notifiable disease; and
  • BI policies covering losses caused by physical damage to premises.
BI policies covering losses caused by restrictions imposed as a result of a notifiable disease

Most

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll