ARTICLE · 24 SEPTEMBER 2020

Some Direction For Business Interruption Claims?

SchoemanLaw Inc.

In the United Kingdom, the Financial Conduct Authority ("FCA") representing policy holders, brought a test case under the United Kingdom High Court's Financial Markets Test Case Scheme.

South AfricaInsurance

Nicolene Schoeman-Louw

A summary of The Financial Conduct Authority v Arch Insurance and Others [2020] EWHC 2448 case.

Introduction

In the United Kingdom, the Financial Conduct Authority ("FCA") representing policy holders, brought a test case under the United Kingdom High Court's Financial Markets Test Case Scheme. The aim of this test case was to resolve contractual uncertainty around the validity of business interruption ("BI") insurance claims related to the COVID-19 pandemic, in order to ensure that policy holders are treated fairly by insurers and insurance intermediaries.

A number of relevant policy wordings were examined to determine causality and burden of proof.

Was the lockdown as a result of the pandemic?

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Some Direction For Business Interruption Claims?

Introduction

Was the lockdown as a result of the pandemic?

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