14 May 2020
Businesses seeking insurance payouts for losses caused by COVID-19 may come up against interesting defences on causation points, barristers say.
The 5 March, when the pandemic became a ‘notifiable disease’, will be a significant date for businesses who source products from China―losses occurring before then may be excluded. Lawyers should also note that ‘mitigation of loss is likely to prove one of the most hostile battlegrounds’ in coronavirus litigation.
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