header-logo header-logo

21 June 2023
Issue: 8030 / Categories: Legal News , Covid-19 , Insurance / reinsurance
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll