The FCA business interruption test case: update and workshop

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

In this interactive webinar, the speakers considered 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. The FCA anticipates that the outcome of the case will impact around 370,000 policyholders. With the first instance judgment and the declarations recording the court’s findings on those 21 lead policies available, the focus has shifted to the nature and scope of any appeal.

Pamela and Sarah provided a summary of the background and the current position in respect of the business interruption insurance test case and worked through some of the key issues and policy construction points as decided in the first instance decision and provide tips on how to apply elements of the decision to other policy wordings. They also discussed those elements of the decision that look likely to be appealed and what an appeal may mean for policyholders, insurers and the FOS who are continuing to deal with business interruption claims whilst final answers to key policy construction questions remaining unresolved.

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

• Where we are and what further developments there are likely to be in the test case
• How to approach a review of a business interruption policy which may be similar to any of the 21 lead policies considered in the test case
• Key themes and issues to keep in mind when considering business interruption claims in the current legal landscape

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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