Brit Global Specialty

The FCA has taken 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 only looked at policy wordings that do not require damage to the insured business premises.

The FCA asked 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. The court handed down its Judgment on Tuesday 15th September. The Judgment can be found here

Brit was not a party to the test case, however we are now actively reviewing the decision of the court and what it means for any customer with affected claims and complaints.

There was a further hearing on 2 October 2020, which dealt with consequential matters such as a likely appeal from the parties involved. Some of the parties involved in the test case have been given permission to apply to the Supreme Court for an appeal, and those applications can now be made. We will need to await the outcome of any appeal before making definitive decisions on outstanding claims and complaints. Should any Brit policyholder be affected by the court ruling Brit, or our representatives, will be in contact to explain next steps.

We will update this page if there are any further developments relating to the High Court decision, and will let customers know if it impacts their claim or complaint.

More information can be found on the following pages – FCA business interruption test case and FOS business interruption complaints