Last month the Supreme Court handed down its judgement on the claim brought by the Financial Conduct Authority regarding whether or not policyholders could make claims under certain types of business interruption policies for losses arising as a result of the COVID-19 pandemic. 

The judgement is lengthy (running to over 100 pages) and complicated (dealing with various technical issues such as the interpretation of disease clauses, prevention of access clauses, whether causation was proved or not and trends clauses).

The judgement is good news for those businesses holding the relevant type of cover which was considered by the Supreme Court. This means it will be difficult for such insurers to deny cover to policy holders on the basis that losses related to uninsured perils where the underlying cause is the Covid-19 pandemic.

Businesses with the relevant type of policy should therefore be able to make successful claims under their business interruption policy.

The decision covers certain insurers and specific wording.  If you have any doubt as to whether your business interruption claim would be covered by the policy which you held, you should be taking advice as to whether the Supreme Court judgement increases your chances of making a successful claim.

For further information and guidance, contact or 01753 889995.

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Matthew Brandis
Practice Group Leader

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