Covid-19 Business Interruption FCA Test Case Update

Covid-19 FCA BI Test Case Statement

The Court’s judgment was formally delivered on 15 September 2020

The official judgement is 162page document considering various different situations and types of wordings. This can be found here: https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-judgment.pdf .

A summary of the results and how this could affect different policies dependent on their specific policy wording can be found here: https://hsfnotes.com/insurance/2020/09/15/judgment-handed-down-in-fcas-covid-19-business-interruption-insurance-test-case/

However, some insurers have appealed this decision and as such the final position is still unclear. In order to keep up to date we would suggest that you keep checking the FCA website, or your specific insurers webpage: https://www.fca.org.uk/firms/business-interruption-insurance

AXIS has provided a summary on their website and will update this as the case progresses:
https://www.axiscapital.com/covid-19-resource-center/business-interruption

MS Amlin will continue to provide updates on their website as the case progresses:
https://www.msamlin.com/en/about-us/MSAmlin-and-Covid-19.html

Updated 27th October 2020