This Practice Note provides information on the Financial Conduct Authority test case in respect of ‘non-damage’ business interruption insurance cover for coronavirus (COVID-19) losses. It provides guidance on denial of access and disease triggers, causation, trends clauses, vicinity clauses and sanitary arrangement clauses.
This Practice Note considers consumer contracts in Article 6(1) of Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). The Practice Note explains the process by which the applicable law is determined for consumer contracts and the limitations that apply for where the parties wish to make their own choice of law. A consumer contract will be governed by the law of the country in which the consumer has their habitual residence. The Practice Note explains how to determine the habitual residence of the consumer and why the formal validity requirements for other contracts do not apply when dealing with consumer contracts—the law of the country of habitual residence will apply instead. The Practice Note also considers the position in relation to contracts not falling within Article 6(1) as well as the specific exclusions which apply under Article 6.
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