The High Court has handed down judgment in the Covid-19 business interruption insurance test case (The Financial Conduct Authority v Arch and Others). The Financial Conduct Authority (FCA) advanced the claim for policyholders in the case, which considered 21 sample wordings from eight insurers.
Whilst different conclusions were reached in respect of each sample wording, the court found in favour of the FCA (and so policyholders) on the majority of the key issues, in particular in respect of coverage triggers under most disease and ‘hybrid’ clauses, certain denial of access/public authority clauses, as well as causation and ‘trends’ clauses.
For further discussion of the decision, see this post on our insurance notes blog.
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