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Covid-19 - Business Interruption Insurance ‘Test’ Case initiated by the Financial Conduct Authority

DATE: 02/07/2020


On 1st May 2020, the Financial Conduct Authority (FCA) released a statement of their intention to seek a court declaration through the UK High Court, to obtain clarity on ‘non-damage’ business interruption insurance policies. The aim is to resolve key contractual uncertainties and give clarity to businesses that are facing uncertainty on their claims in relation to Covid-19.

The FCA has identified a sample of 19 policy wordings to be used in a ‘test’ case and has asked eight separate insurers that underwrite policies in the representative sample to participate in the UK High Court ‘test’ case. It is anticipated that the ‘test’ case will be heard in the last two weeks of July.

Commercial Express underwrite policies on behalf of several insurers, however none of our insurers have been asked to participate in the ‘test’ case. Despite this and as directed by the FCA, insurers have been asked to review their relevant 'non-damage' business interruption insurance policies and report on the outcomes of these reviews by 8th July 2020.

Please refer to the below links for updates from each of the relevant insurers.

 

AXIS Managing Agency Limited – Syndicate 1686

https://www.axiscapital.com/covid-19-resource-center/business-interruption

 

Channel Syndicate 2015

We will update this page when further information is available.

 

Lloyd’s Syndicate DTW 1991 managed by Coverys Managing Agency Limited

https://www.dtw1991.com/pages/covid-19-help-and-guidance-for-commercial-insurance-customers

 

If you would like further information on the FCA ‘test’ case, the FCA has a website which you may find useful: https://www.fca.org.uk/firms/business-interruption-insurance