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ARTICLE · 27 AUGUST 2020

AFCA test case to determine if exclusion clauses are effective amid COVID-19 business interruption claims

The decision of many insurers to refuse business interruption claims has resulted in numerous complaints made to AFCA.

AustraliaInsurance

Introduction

Many businesses are in the process of assessing how sustainable continued operations will be after the COVID-19 pandemic ends. With temporary protections under the Corporations Act, such as changes to the insolvency rules, coming to an end on 25 September 2020, businesses will have a better idea as to whether they can recover from the current economic shock.

Those with active insurance policies may have an additional safety net if the policy covers involuntary closures from government laws and/or pandemics. However, many small businesses are facing challenges in making claims due to exclusion clauses. These exclusion clauses attempt to exclude certain diseases from being covered by the policy, but have not accounted for the change in law.

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