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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

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.

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