Brit Global Specialty

The FCA is taking legal action in order to provide policyholders and businesses with clarity on the circumstances in which an insurance policy will provide cover for a business interruption claim resulting from the coronavirus pandemic. The test case will only look at policy wordings that do not require damage to the insured business premises.

The FCA is asking the court to look at a number of factors, such as whether insurers can rely on certain exclusions to decline claims and how to interpret specific terms in the policy wordings. Below is the estimated timeline for the court action, although this is subject to change.

9 June FCA files claims form and particulars
16 June Case management conference, at which the court fixed the timetable for the case and other procedural matters
23 June
Insurers file Defences
26 June Further case management conference, at which the court will deal with any outstanding procedural matters to ensure the case is ready for trial
3 July FCA files Reply
1st half July
Skeleton arguments and replies served
20-23 July and 27-30 July 
8 day court hearing before Lord Justice Flaux and Mr Justice Butcher 

 

Brit is not a party to the court action, however we are monitoring the situation closely and will make claims and complaints decisions in line with any relevant court rulings. Should your claim or complaint be affected by the court ruling Brit, or our representatives, will be in contact with you to explain the impact of the ruling. 
For more information please see the following pages – FCA business interruption test case and FOS business interruption complaints