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Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent...more

COVID-19: Policyholders’ Claims Against Insurers Get Boost After FCA Test Case

The UK Supreme Court issued a policyholder-friendly decision earlier this year on the Financial Conduct Authority’s business interruption test case. The judgment will apply to policyholders’ claims on a case-by-case basis....more

UK High Court Imposes Custodial Sentence for Contempt

In XL Insurance Company SE v. IPORS Underwriting Ltd, Paul Alan Corcoran & Others [2021] EWHC 1407 (Comm), Mrs. Justice Cockerill DBE imposed an immediate maximum sentence of two years’ imprisonment following an application...more

UK Government Proposes Amendments to Arrangements for Insolvent Insurers

On 20 May 2021, the UK government published a consultation paper in which it set out its proposals to revise the current regime for insolvent insurers (excluding Lloyd’s underwriters). The proposals seek to clarify and...more

Orient-Express Overturned: Next Stop Is Less Friendly for UK Insurers

The UK Supreme Court in the Financial Conduct Authority’s business interruption test case has overturned a decade-long standing judgment relating to causation and how the “trends” clauses should be interpreted....more

UK Supreme Court Provides Policyholders an Antidote to Business Interruption Losses

This LawFlash provides a summary of the UK Supreme Court’s final decision in the FCA Business Interruption test case. The judgment is more policyholder friendly than the High Court judgment, particularly in relation to...more

UK Supreme Court Establishes Test to Determine Governing Law of Arbitration Agreements

The Court’s 9 October decision in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company Chubb” (Chubb) not only ends the uncertainly that parties faced in this important question, but is also a call to action to adapt...more

Judgment in the FCA’s Business Interruption Test Case – What Evidence Proves the Presence or Occurrence of COVID-19?

This LawFlash provides a summary of the judgment of Lord Justice Flaux and Mr. Justice Butcher as it relates to the determination of the prevalence of coronavirus (COVID-19) under a particular policy. The court was somewhat...more

English Court of Appeal Clarifies Test for Governing Law of Arbitration Agreements

In April 2020 and following an inconsistent approach by the English courts to the question of which law governs an arbitration agreement, the English Court of Appeal held in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company...more

Judgment in the FCA’s Business Interruption Test Case – What Is the ‘Insured Peril?’

The eagerly anticipated judgment of Lord Justice Flaux and Mr. Justice Butcher in the Financial Conduct Authority’s (FCA’s) test case in relation to cover afforded under various business interruption wordings has now been...more

UK FCA: Eight Insurers Agree to Be Parties to Business Interruption Insurance Test Case

Through the High Court test case, the UK Financial Conduct authority hopes to obtain legal clarity on business interruption insurance during the coronavirus (COVID-19) pandemic. ...more

FCA to Pursue High Court Test Case on Business Interruption Insurance Policies to Provide Clarity During Pandemic

The UK Financial Conduct Authority (FCA) on May 15 invited policyholders of business interruption (BI) insurance that have been affected by the coronavirus (COVID-19) pandemic, and have had a claim under their insurance...more

Business Interruption Insurance Amid COVID-19: How Aggregation Can Affect Recovery Value

During the coronavirus (COVID-19) pandemic, it is important for policyholders to remember that key insurance principles, including the principle of aggregation in the United Kingdom, could make a significant difference to any...more

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