FCA BI insurance test case ‘leapfrogs’ onwards

The ‘consequentials’ hearing in the business interruption test case took place on Friday 2 October. The FCA’s website will be updated in due course with the transcript of the proceedings and the final order required to give effect to the judgment given in mid-September. Pending that, the executive summary (as it were) is that the court agreed to grant leapfrog certificates to all parties and interveners to appeal directly to the Supreme Court.

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FCA to seek judicial decision on BI coverage and COVID19

There’s an often quoted piece of advice about never asking a question in court to which you don’t know the answer. The rationale given for this is to avoid the answer being not only a very unwelcome surprise but also something which fundamentally damages your arguments. That being the case, how to ask the question whether commercial insurance policies cover business interruption (BI) losses caused by restrictions due to COVID-19?

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