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
11/23/2021
/ Arbitration ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
International Arbitration ,
Policy Exclusions ,
Policy Terms ,
UK
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
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
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
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
10/2/2020
/ Burden of Proof ,
Business Interruption ,
Business Losses ,
Consumer Insurance Products ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Evidence ,
Financial Conduct Authority (FCA) ,
Infectious Diseases ,
Insurance Claims ,
Policy Terms ,
UK
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
9/18/2020
/ Business Interruption ,
Business Losses ,
But For Causation ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Financial Conduct Authority (FCA) ,
Hotels ,
Hurricane Katrina ,
Insurance Claims ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
UK
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
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
As the coronavirus (COVID-19) pandemic evolves, governmental executive and legislative authorities are taking actions in the form of emergency declarations and proposed legislation that could improve a company’s ability to...more