Head of Insurance Litigation, Roger Franklin was quoted in The Lawyer discussing recent the High Court judgments relating to Covid business interruption (BI) claims, which have left the door open for claimant firms to pursue individual cases through the lower courts.

Here is an extract from the article:

‘”A particular contention was whether claimants should be indemnified on BI losses if they had claimed furlough relief. Butcher J held that furlough pay should be considered when calculating losses under the insurance policy...

It’s not game over for the claims, however, with CSR client Stonegate planning an appeal. ‘It was always likely to be the case that whoever lost would seek leave to appeal the point, so the waiting goes on,’ commented Edwin Coe insurance litigation chief Roger Franklin.

Meanwhile, BI claims are mounting against the insurance sector. Earlier this year, the court ruled in favour of Edwin Coe client Corbin & King against AXA in separate matter which also dealt with gaps in the FCA BI test case including denial of access.

Franklin noted that the most recent trio of judgments didn’t cite the Corbin & King ruling. He explained: ‘There are a number of such claims preparing for court and already in court that will offer further guidance on this topic in due course.’ “

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