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ARTICLE · 24 JUNE 2021

FCA Update To Business Interruption Claims

The arrival of the Covid-19 pandemic may not have been an absolute surprise to epidemiologists but for many businesses, it was a completely unexpected, despite the rapid spread of the previous SARS outbreak a few years ago.

United KingdomCoronavirus (COVID-19)

The arrival of the Covid-19 pandemic may not have been an absolute surprise to epidemiologists but for many businesses, it was a completely unexpected, despite the rapid spread of the previous SARS outbreak a few years ago. 

The All England Lawn Tennis Club (AELTC) showed extraordinary foresight by taking out pandemic insurance for the past 17 years, initially, in response to the SARS outbreak, which meant that the cancellation of the Wimbledon Championships that the AELTC was poised to host, was mitigated by a substantial insurance payout. 

Businesses turning to their commercial insurance policies were initially told by the insurers that the clauses relating to event cancellation and business interruption were unlikely to apply in respect of Covid-19. The insurers were seeking to rely on the judgment relating to the case in 2010, Orient-Express Hotels where a hurricane was responsible for the business interruption and the policyholders lost the case; in the test

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