News & Analysis as of

Business Interruption United Kingdom Insurance Industry

J.S. Held

2024 J.S. Held Global Risk Report: Weather and Natural Disasters

J.S. Held on

The growing frequency and ferocity of major weather events and natural disasters have pushed the climate change discussion to the forefront of governments and businesses. Droughts, floods, wildfires, earthquakes, and volcanic...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

BCLP on

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

BCLP

Reinsurance: aggregation of COVID losses post-Stonegate

BCLP on

On 17 October 2022, the English Commercial Court delivered three very significant, related judgments, which in part considered aggregation of business interruption losses arising from COVID-19....more

K&L Gates LLP

HUB Talks: Insurance Coverage for COVID-19 Losses in the United Kingdom

K&L Gates LLP on

In this episode, Sarah Turpin, Insurance Recovery and Counseling partner in our London office, discusses insurance coverage for COVID-19-related losses in the United Kingdom, including the UK Supreme Court’s important...more

Morgan Lewis

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

Morgan Lewis on

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

Hogan Lovells

Insurance regulatory news, July 2021 #3

Hogan Lovells on

COVID-19 BI insurance test case: FCA updates webpage The Financial Conduct Authority (FCA) has updated the webpage on its business interruption (BI) insurance test case. The FCA has published the Supreme Court order varying...more

Hogan Lovells

New Release: Insurance Horizons Brochure 2021

Hogan Lovells on

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to...more

K&L Gates LLP

COVID-19: FCA Business Interruption Test Case - Unresolved Issue and Wider Implications of Supreme Court Judgement

K&L Gates LLP on

On 15 January 2021, the Supreme Court handed down its judgment in The Financial Conduct Authority v Arch and Others. Our alert of 19 January 2021 considered the implications of the judgment for policyholders seeking to claim...more

Cohen & Gresser LLP

A New Approach to Causation? The UK’s Supreme Court Hands Down Judgment in the Business Interruption Insurance Test Case

Cohen & Gresser LLP on

On 15 January 2021, the Supreme Court handed down its hotly-anticipated judgment in the business interruption insurance test case (FCA v Arch and others [2021] UKSC 1). Hailed as a further “victory” for thousands of holders...more

Cooley LLP

Blog: The Supreme Court Takes up the Cause – The Judgment in the FCA COVID-19 Test Case on Business Interruption Insurance

Cooley LLP on

On 15 January 2021, the Supreme Court handed down its judgment in the FCA COVID-19 test case, heard on a “leapfrog” appeal (bypassing the Court of Appeal) from the first instance decision of Lord Justice Flaux and Mr Justice...more

A&O Shearman

Top UK finance litigation and contract law developments from 2020

A&O Shearman on

This is a round-up of the most interesting finance litigation and contractual developments in 2020. The selection is necessarily subjective and draws from a wide range of cases and developments that are of direct relevance to...more

Zelle  LLP

The Financial Conduct Authority v. Arch and Others [2021] UKSC 1 (“the FCA Test Case”)

Zelle LLP on

On 15 January 2021 the UK Supreme Court handed down its highly anticipated judgment in the FCA Test Case. The COVID-19 pandemic has forced the UK Government to introduce public health measures which have resulted in...more

McCarter & English, LLP

UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance...more

Morrison & Foerster LLP

COVID-19 Business Interruption Insurance Test Case: UK Supreme Court Promises Policyholders Pandemic Payday

The Financial Conduct Authority (“FCA”) has succeeded in its “leapfrog” appeal to the Supreme Court in its test case seeking urgent clarity as to the requirement of insurance companies to pay policyholders for business...more

Jones Day

English Supreme Court Confirms Broad Application of Business Interruption Policies to COVID-19 Losses

Jones Day on

The latest ruling by the UK's Supreme Court is a victory for policyholders. Following the High Court's September 2020 Judgment in the COVID-19 Business Interruption Test Case ("Test Case") brought by the UK Financial Conduct...more

ArentFox Schiff

UK Supreme Court Rules for Insureds in COVID-19 Business Interruption Case

ArentFox Schiff on

In our November 11, 2020 Alert covering COVID-19 Business Interruption Insurance, we reported on The Financial Conduct Authority v. Arch Insurance (UK) and Others, a case in which the High Court of Justice in England ruled...more

K&L Gates LLP

COVID-19: Insurance - The UK Supreme Court Judgment Brings Positive News for Policyholders in the FCA's Business Interruption Test...

K&L Gates LLP on

BACKGROUND TO THE TEST CASE - Following a four day hearing in November 2020, the UK Supreme Court has handed down the appeal judgment in the test case brought by the Financial Conduct Authority (FCA) on behalf of UK based...more

Dorsey & Whitney LLP

UK Supreme Court decides important judgment on Business Interruption Insurance

Dorsey & Whitney LLP on

The Supreme Court has delivered its judgment today in the landmark business interruption insurance test case brought by the Financial Conduct Authority (“FCA”). The ruling is important for business interruption policy...more

BCLP

Supreme Court hands down its judgment in the COVID-19 Business Interruption Insurance Test Case

BCLP on

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

Cooley LLP

Blog: FCA Publishes Draft Guidance on Proving the Presence of COVID-19

Cooley LLP on

On 11 December, the Financial Conduct Authority published draft guidance on how the presence of COVID-19 can be proved where that is a necessary element of establishing a business interruption claim on a property damage...more

BCLP

What to expect from the FCA Test Case appeal to the Supreme Court

BCLP on

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

ArentFox Schiff

COVID-19 Business Interruption Insurance

ArentFox Schiff on

The Arch case provides a possible roadmap for policyholders in the United States to maximize insurance payout due to COVID-19 and the impacts of government restrictions on businesses. The High Court of Justice in England...more

Cooley LLP

Blog: UK Supreme Court to Hear FCA Business Interruption Test Case Appeal

Cooley LLP on

On 2 November, the UK Supreme Court agreed to hear the appeals against the judgment [LINK] of Lord Justice Flaux and Mr. Justice Butcher (sitting as a Divisional Court), handed down on 15 September in the Financial Conduct...more

Cooley LLP

Blog: FCA – business interruption insurance test case – appeal

Cooley LLP on

At a hearing on 2 October 2020, the court made a number of orders following on from its judgment. The court granted “leapfrog” appeal certificates to the FCA, to six of the insurers involved in the test case and to one of...more

Cooley LLP

Blog: FCA – business interruption insurance test case – appeal

Cooley LLP on

Following the judgment, handed down on 15 September, it has been confirmed that there will be a hearing on 2 October at which the court will hear any applications for permission to appeal....more

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