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21 June 2023
Issue: 8030 / Categories: Legal News , Covid-19 , Insurance / reinsurance
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COVID-struck businesses win insurance victory

Businesses that suffered losses during the pandemic have won a landmark COVID-19 business interruption test case against insurers.

In a 363-page ground-breaking judgment, London International Exhibition Centre v Royal & Sun Alliance Insurance and others [2023] EWHC 1481 (Comm), Mr Justice Jacobs provided clarity on the triggering of policies during the pandemic.

Iryna O’Reilly, partner at Barings, representing six claimants in the case, said: ‘This remarkable triumph, being the second test-case following the Financial Conduct Authority test case in the Supreme Court [FCA v Arch [2021] UKSC 1], sets a precedent that will impact thousands of policyholders and small and medium-sized enterprise owners.

‘Small businesses encounter numerous challenges when pursuing claims against insurers due to the devastating impact of COVID-19. These businesses have either closed down or faced stringent government restrictions, preventing them from fully recovering from the pandemic.’

The insurers argued the Supreme Court’s ruling applied only to radius clauses, which cover events within a specified radius external to the premises, and therefore did not apply to ‘at the premises’ (ATP) clauses, which cover matters arising at the premises themselves.

Finding in favour of the claimants, however, Jacobs J said: ‘Given that the radius can be shrunk from 25 miles, to one mile, to “the vicinity”, without making any difference to the causation analysis, there is no reason why it cannot be further shrunk from the vicinity of the premises to the premises itself.’

Hugh James senior associate Erich Kurtz, representing claimant Why Not Bar, said: ‘The decision emphatically resolves one of the most contentious issues between businesses and their insurers in this field—whether cover exists in principle when the UK government imposed national lockdown where businesses can show COVID-19 occurred or manifested “at their premises”.’

Issue: 8030 / Categories: Legal News , Covid-19 , Insurance / reinsurance
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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