FCA Test Case Decided
Breaking news – the FCA test case on Covid19 Business Interruption claims has been decided in favour of the Policyholders and against Insurers where the infectious disease or denial of access wording is present.
The Supreme Court Judgement also ruled that the “trends clause” could not be used against policyholders, where the only negative trend was also solely due to Covid19.
This is great news for business owners who have and confirms our long held views of the correct interpretation of the policy wording.
We still await Judgement in the FBD case in the Irish jurisdiction which will be issued in the next couple of weeks following an agreed extension for both sides to put final positions to the Commercial Court, in light of the UK judgement.