Covid-19 BI Update: Denial Of Access – Access Granted?

The latest Covid-19 BI decision to arrive following the conclusion of the test case provides fresh hope for policyholders with denial of access clauses whose claims currently remain declined.

It will be recalled that the Divisional Court in the test case found that such clauses provided a "narrow, localised form of cover" which did not respond to the broader circumstances of the pandemic. Many policyholders were disappointed at the FCA's decision not to appeal these rulings, and have subsequently argued that the Supreme Court's ultimate conclusions on causation rendered the Divisional Court's ruling an unsound authority for declining coverage under such clauses.