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15 January 2021
Issue: 7917 / Categories: Legal News , Covid-19 , Commercial , Insurance / reinsurance
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Supreme Court boosts business & jobs with COVID insurance ruling

Lawyers have hailed a Supreme Court judgment on COVID-19 insurance cover, which could save thousands of jobs

The test case, Financial Conduct Authority & Ors v Arch Insurance [2021] UKSC 1, concerned the extent of coverage for business interruption under standard policies.

Handing down judgment this week, the court considered 21 sample wordings as well as causation, providing clarity for small businesses affected by the pandemic. As well as the particular policies chosen for the test case, the judgment could potentially affect ‘some 700 types of policies across over 60 different insurers and 370,000 policyholders,’ the Justices said in their judgment.

The proceedings were brought by the Financial Conduct Authority (FCA), representing the policyholders, under the Financial Markets Test Case Scheme. The Justices looked at disease clauses, prevention of access clauses, hybrid clauses and trends clauses. They dismissed the insurers’ appeals and allowed the FCA’s appeals.

Stephen Netherway, partner at Devonshires, said: ‘Business owners across the UK will be jubilant at this incredibly important, final court judgment that will potentially see hundreds of millions of pounds paid out to companies in desperate need.

‘The knock-on effect of this landmark judgement, which brings this legal battle to a close, could see thousands of jobs and livelihoods being saved. Had the insurers won it would have spelled further, fatal, economic misery for those just surviving businesses.’

Dene Rowe, partner at insurance law firm Keoghs, said: ‘The focus will invariably turn to the speed of implementing the judgement and, with insurers now facing a potential avalanche of claims from policyholders, it is likely that insurers will require a technology focused approach to ensure the prompt settlement of claims.

‘Failure to respond in an accelerated way will likely risk a major reputational risk to commercial insurance brands.’

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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