Keeping you updated during the Covid - 19 crisis

FCA Test Case update

The High Court sat in session on the 2nd October 2020 to hear submissions from Insurers seeking leave to appeal the judgement that was handed down on the 15th September 2020.

The High Court has allowed the “Leap Frog Appeal” which means the case will now bypass the Court of Appeal and move straight to the Supreme Court

Neither Zurich nor Ecclesiastical Insurance have appealed the original High Court decision as the Court found in their favour and it has been determined that the Business Interruption extensions under their particular policies do not provide cover for losses as a direct result of the Covid Pandemic.

The other Insurers participating in the Test Case have four weeks from the 2nd October to enter their submissions at which point the Supreme Court will decide whether to accept the Appeal. If granted it is anticipated the hearing will take place prior to the end of the year with the judgement, which will be binding on all parties, to be delivered early in 2021.

During this crisis we are always here to help and offer guidance over insurance concerns.

We regularly receive updates from insurers and have attached some relevant links to help keep you aware of the issues.

With the importance of protecting your property and business we feel the information from Axa, Aviva and Zurich offer guidance and advice to help you manage the change during lockdown.

These documents offer a range of essential measures, which when put together form a good Risk Assessment Checklist. Therefore if you are one of the businesses who have had to close down your premises, then it would be worth running through these to make sure you have thought about all the potential risks and challenges you are facing. This can be adapted to suit your business and property needs.

Axa Commercial Lines Coronavirus Response 30Th March 2020 3 (pdf: 240.909 KB)

Aviva Managing Change During Lockdown And The Coronavirus Lps (pdf: 1.416 MB)

Zurich Partial Closure Guidance (pdf: 105.582 KB)

Zurich Temporary Closure New Build Construction Sites Guidance (pdf: 108.872 KB)

Zurich Temporay Closure Refurbishment Risks Guidance (pdf: 110.099 KB)

Zurich Temporary Closure Security Guidance (pdf: 106.853 KB)

For further information and helpful links, view the latest blog by Christopher Williams at Insights

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