The FCA Business Interruption Test Case - take two

The Young Members’ Committee has partnered with specialist law insurance firm, Weightmans LLP, to deliver a series of webinars with unique insights dedicated to supporting career development and help to consider, digest, and maximise the opportunities which are likely to arise in insurance in a rapidly changing world.

In this follow-up YMC webinar, Weightmans LLP considered the Supreme Court’s decision in the business interruption insurance test case, brought by the FCA (as regulator) for and on behalf of policyholders against eight insurers. The court was tasked with considering whether 21 lead policies provided cover for losses arising from COVID-19 and the government’s response to the outbreak. Pamela and Sarah focussed on the legal position following the Supreme Court’s decision. They identified the key differences between the decision and First Instance and the decision on Appeal. They also addressed those policy coverage issues that are not resolved by the Appeal decision and provide some practical guidance on how to assess BI claims relating to COVID-19.

During the webinar Weightmans:

• Summarised the background to the test case, the key elements of the decision at First Instance and the outcome of the appeal to the Supreme Court
• Worked through some of the key decisions on policy construction and provide advice on how you can apply elements of the decision to other wordings you may come across
• Highlighted key issues that remain unresolved and/or grey areas of the decision which allow scope for further debate on the nature and scope of policy coverage

By the end of this webinar members will have gained an insight into:

• The background to, and the twists and turns of, the proceedings in the FCA Test Case
• The headline points as to what was ultimately decided and what that means for policyholders and insurers
• What issues may arise when assessing policy coverage that the Supreme Court’s decision may not address fully or at all
• Key themes and issues to keep in mind when considering business interruption claims

Please contact Gemma Warren (07436 263847) with any queries regarding this event.

You will be sent a confirmation email shortly after booking. If you have not received this within one hour, please contact Flora Simpson (020 7397 3912).

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