header-logo header-logo

15 January 2021
Issue: 7917 / Categories: Legal News , Covid-19 , Commercial , Insurance / reinsurance
printer mail-detail

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll