The FCA business interruption test case – Court hands down judgment

September 15th, 2020 Posted by Uncategorised

The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case. The judgment brings highly-anticipated ruling of cover under certain non-damage business interruption insurance extensions.

Lee Cohen, Hamilton Leigh’s Managing Director said “today’s welcomed judgment is a significant step in resolving the uncertainty being faced by many businesses. Today’s judgment removes a large number of barriers for those able to make successful claims, as well as clarifying those that may not be successful”.

The test case was not intended to encompass all possible disputes, but to resolve some key contractual uncertainties and ‘causation’ issues to provide clarity for policyholders and insurers. 

It is of course likely that the judgment will be appealed.  Any appeal however does not preclude businesses seeking to submit claims with their insurer before the outcome of any appeal is known.

Hamilton Leigh’s team of experts are currently examining the judgment and expect to publish a summary document which we will make available within the next few days.

In the meantime, should you wish to discuss your policy wording with Hamilton Leigh and the likelihood of being able to make a claim, please contact:

Lee Cohen


T: 07980 606886


Paul Staines


T: 07866 637989

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