- Coronavirus (COVID-19) BI update—denial of access—access granted? (Policyholders v China Taiping)
- The China Taiping proceedings
- The issues
- Issue 2—emergency threatening life or property in the vicinity of the premises
Insurance & Reinsurance analysis: The latest coronavirus (COVID-19) business interruption (BI) decision to arrive following the conclusion of the test case provides fresh hope for policyholders with denial of access clauses whose claims currently remain declined. It will be recalled that the Divisional Court in the test case found that such clauses provided a ‘narrow, localised form of cover’ which did not respond to the broader circumstances of the pandemic. Many policyholders were disappointed at the Financial Conduct Authority’s (FCA) decision not to appeal these rulings, and have subsequently argued that the Supreme Court’s ultimate conclusions on causation rendered the Divisional Court’s ruling an unsound authority for declining coverage under such clauses. Aaron Le Marquer, partner at Fenchurch Law considers an arbitral award issued on 10 September 2021 by Lord Mance, whose clear support is provided for that proposition.
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