- Coronavirus (COVID-19) business interruption test case—pre-judgment analysis and the future of pandemic claims
- The impasse
- The rule of law and contractual certainty
- Complaints to the FOS and parallel proceedings
- Coronavirus job retention scheme
- Future pandemic cover
- Concluding comments
Insurance & Reinsurance analysis: The High Court’s decision in the Financial Conduct Authority’s (FCA) coronavirus (COVID-19) business interruption (BI) test case will be published on 15 September 2020. The decision is widely expected to be appealed, whatever the High Court decides. Accordingly, the wait for the legal certainty needed to adjust and settle valid coronavirus BI claims is set to continue for several months yet. Pamela Freeland of Weightmans and the LexisPSL Insurance & Reinsurance team consider the implications of this impasse for coronavirus BI claims advanced in other forums, such as the Financial Ombudsman Service (FOS), arbitration or separate actions in the County Court and the High Court—all the time while the coronavirus saga continues to unfold and produce new conundrums, such as the gradual withdrawal of government support through the coronavirus job retention scheme. We also take a step back and consider the essence of the parties’ respective positions on the critical issue of causation, and the implications that the courts’ final reckoning on the issue might have for insurance law.
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