The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more
2/14/2024
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Occurrence ,
Policy Terms ,
Reinsurance ,
UK
On 15 February 2021 the FCA released the draft “declarations” that the parties are asking the Supreme Court to make following its judgment in January. The declarations are intended to neatly capture the decisions of the...more
The UK Supreme Court in the Test Case on Business Interruption Insurance brought by the FCA on behalf of policyholders has decided that the FCA’s appeal (on behalf of policyholders) should be substantially allowed, with...more
On 16 November all eyes will turn to the Supreme Court as a 4-day hearing commences to determine the appeals of the FCA, the Hiscox Action Group, and six of the original eight insurers who were party to the FCA’s Test Case. ...more
11/13/2020
/ Appeals ,
Business Interruption ,
Commercial Court ,
Contract Interpretation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Financial Conduct Authority (FCA) ,
Insurance Industry ,
Insurance Litigation ,
UK ,
UK Supreme Court
Due to the worldwide spread of COVID-19, most UK businesses face potentially significant, but as yet unquantifiable, financial losses from the virus. The same can be said for insurers who are being presented with a large...more