header-logo header-logo

13 May 2020 / Chavah Apfelbaum
Issue: 7886 / Categories: Opinion , Covid-19 , Insurance / reinsurance
printer mail-detail

Taking cover

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

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