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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

Supreme Court Provides Further Example of Narrow Construction of Exclusion Clauses in Insurance Policies

The UK Supreme Court handed down its judgment on 23 April 2021 in Burnett or Grant v International Insurance Co of Hanover Ltd [2021] UKSC 12, which arose within the context of a “deliberate acts” exclusion in an employer’s...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

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