Blog - 15/01/2021
Supreme Court judgment handed down in FCA Covid-19 Business Interruption test case
Today the Supreme Court handed down its judgment in the Covid-19 Business Interruption insurance test case which was initiated by the Financial Conduct Authority (FCA). The original case considered 21 sample wordings from eight insurers and focused on the correct construction of certain non-damage business interruption insurance extensions and related clauses. The Appeal was fast tracked to the Supreme Court
The case was a resounding success for policyholders, who now have a clear avenue to recovery under such non-damage extensions. Roger Franklin, Head of Insurance Litigation commented:
“This is an important and keenly awaited decision for the many thousands of commercial policyholders seeking to recover losses caused by Covid-19. It’s been a desperate time for small businesses, and this positive judgment is like the arrival of a financial vaccine for them. The FCA is to be commended for taking the initiative in clarifying these issues, as are the lawyers involved and the Court system for bringing the case to such a swift conclusion.
It’s also important to recall that the potential claims considered in the judgment arose out of the first lockdown. There have since been two more lockdowns, so the financial hit to the insurance industry will be significant.
From an insurance litigation perspective, the decision is highly relevant not just in the context of the current pandemic, but for the cover provided for general wide area damage claims, and insurers will no doubt be reviewing policy wordings and special circumstances clauses over the coming weeks.”
Edwin Coe LLP specialises in representing policyholders against Insurers and was proactively engaged advising a number of the Claimant groups in the FCA test case.
If you have a claim which you think should be pursued as a result of this decision, please contact our Insurance Litigation team and we can advise your available options.
If you aren’t receiving our legal updates directly to your mailbox, please sign up now
Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.
Edwin Coe LLP is a Limited Liability Partnership, registered in England & Wales (No.OC326366). The Firm is authorised and regulated by the Solicitors Regulation Authority. A list of members of the LLP is available for inspection at our registered office address: 2 Stone Buildings, Lincoln’s Inn, London, WC2A 3TH. “Partner” denotes a member of the LLP or an employee or consultant with the equivalent standing.