Business interruption insurance is typically sold as part of commercial property insurance. Most business interruption cover requires the interruption to, or interference with, the business to result from damage to insured property. However, some policies include additional ‘non-damage’ extensions which provide cover for business interruption losses in other circumstances, such as where access to or use of the premises of the business is prevented or hindered as a result of circumstances other than property damage. In March 2020, following the coronavirus (COVID-19) lockdown, many businesses sought to claim under their business interruption insurance for related losses, but few were indemnified due largely to uncertainty as to how business interruption policies with non-damage extensions responded to a national outbreak of infectious disease. The Financial Conduct Authority (FCA), in consultation with policyholders and insurers, commenced a test case under the Financial Markets Test Case Scheme (the FCA test case). The first instance hearing took place before a Divisional Court in July 2020 and judgment was handed down on 15