header-logo header-logo

Taking cover

13 May 2020 / Chavah Apfelbaum
Issue: 7886 / Categories: Opinion , Covid-19 , Insurance / reinsurance
printer mail-detail
20592
Could the COVID-19 class action against Hiscox be successful, asks Chavah Apfelbaum

Hiscox Action Group and the Night Time Industries Association have threatened to bring a class/collective action against Hiscox for refusing to pay out business interruption claims arising from disruption caused by COVID-19. The groups collectively represent more than 500 Hiscox policyholders with insurance cover of over £50m.

Given the UK’s national shutdown in response to the COVID-19 pandemic and the sheer volume of related claims, estimated to cost in excess of £1bn, insurers will be resistant to pay out. The outcome of this class action will set a precedent for future lawsuits against insurers in the wake of COVID-19.

What is covered?

Will the policy cover the effects of a pandemic and losses caused by the national lockdown? The relevant standard Hiscox policy appears to state that policyholders are insured for financial losses resulting from:

  • an interruption to business caused by inability to use the insured premises due to restrictions imposed by a public authority during the period of insurance following
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll