Business interruption insurance—Court of Appeal rules on composite policies and furlough deductions (Bath Racecourse v Liberty Mutual)
Arbitration analysis: The Court of Appeal in Bath Racecourse Company Ltd and others v Liberty Mutual Insurance Europe SE and others upheld the Commercial Court’s interpretation of composite business interruption policies, confirming that each insured benefits from a separate indemnity limit. It also confirmed that furlough payments under the CJRS must be deducted as savings. This decision has wide implications for coronavirus (COVID-19) BI claims, and permission has been granted to the Supreme Court (UKSC/2025/0068) on the furlough deduction issue, which may impact the outcome of thousands of claims. Written by Tatiana Minaeva, independent counsel and Arbitrator.