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United Kingdom Business Losses Business Interruption

BCLP

English Court Decides COVID-19 is a “Catastrophe”

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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

Morgan Lewis

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

Morgan Lewis on

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

K&L Gates LLP

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

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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

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

Morgan Lewis

Orient-Express Overturned: Next Stop Is Less Friendly for UK Insurers

Morgan Lewis on

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

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

Morgan Lewis

UK Supreme Court Provides Policyholders an Antidote to Business Interruption Losses

Morgan Lewis on

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

Hogan Lovells

The Supreme Court decides on COVID-19 business interruption coverage – What does this mean for real estate?

Hogan Lovells on

The Supreme Court has dismissed insurers’ appeals and substantially allowed the FCA’s appeal in the conclusion of the FCA test case litigation. The result means significantly greater coverage of claims and the focus will now...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

Morgan Lewis

Judgment in the FCA’s Business Interruption Test Case – What Evidence Proves the Presence or Occurrence of COVID-19?

Morgan Lewis on

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

K&L Gates LLP

COVID-19: Considering the Wider Implications of the FCA's Test Case

K&L Gates LLP on

The Financial Conduct Authority v Arch Insurance and Others [2020] EWHC 2448 (Comm) - BACKGROUND TO THE TEST CASE - In June 2020, the FCA issued proceedings against a group of insurers in a test case designed to clarify the...more

Morgan Lewis

Judgment in the FCA’s Business Interruption Test Case – What Is the ‘Insured Peril?’

Morgan Lewis on

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

Hogan Lovells

UK COVID-19 – The FCA Business Interruption Test Case ruling – the end of the ‘Covid clause’ in leases?

Hogan Lovells on

This week the High Court has delivered its eagerly anticipated ruling in the FCA Business Interruption Test Case. The case was brought by the Financial Conduct Authority on behalf of business interruption policyholders, with...more

Cohen & Gresser LLP

COVID-19: Business Interruption Insurance Claims – the Developing Tension in the UK

Cohen & Gresser LLP on

On 17 March 2020, in announcing an “unprecedented” range of measures designed to support businesses through the COVID-19 pandemic, the UK Chancellor of the Exchequer, Rishi Sunak, said that “for those businesses which do have...more

Morgan Lewis

UK FCA: Eight Insurers Agree to Be Parties to Business Interruption Insurance Test Case

Morgan Lewis on

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

Dorsey & Whitney LLP

UK Business Interruption Policies and COVID-19

Dorsey & Whitney LLP on

As the economic impacts of the pandemic continue, many businesses in the UK will be turning to their insurance providers to claim under their Business Interruption policies in respect of financial losses arising from...more

Morgan Lewis

Business Interruption Insurance Amid COVID-19: How Aggregation Can Affect Recovery Value

Morgan Lewis on

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

K&L Gates LLP

COVID-19: Will Today’s COVID-19 Distressed Businesses Become Tomorrow’s Antitrust-Cured Acquisition Targets?

K&L Gates LLP on

Despite the unprecedented efforts and measures undertaken by governments across the world to mitigate the economic impact of the COVID-19 pandemic, it is an unfortunate but inevitable outcome that a number of businesses are...more

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