BUSINESS NEWSLETTER – Business Interruption Insurance Claims

18 January 2021
Businesswoman stopping falling dominoes with covid-19 images in background

As the UK national lockdowns continue, we are pleased that there is some good news for hospitality and other businesses who were closed by the Government in the first lockdown, after the Supreme Court ruled that insurers should pay business interruption claims.

In this newsletter, we summarise the findings and provide an update on Brexit and the latest Government news on supports for businesses.

Please contact us if you want to talk about how these updates affect your business. We are here to support you through these tough times.

 

Business interruption insurance application form

 

Small Firms In Line For Business Interruption Insurance Pay Out

The Financial Conduct Authority (FCA) has won its court case to get insurers to pay out for business interruption insurance due to the first lockdown in the spring of 2020. The Supreme Court says it “substantially allows” the appeal by the FCA and hospitality groups. The decision affects approximately 370,000 policyholders and over £1billion in claims which should now be paid out.

Small businesses including pubs, cafes, wedding planners and beauty parlours, argued they faced becoming insolvent when they were refused compensation by insurers for business interruption policy claims on losses caused by the first national COVID-19 lockdown.

Some of the world’s largest commercial insurers including Hiscox, Royal Sun Alliance, QBE, Argenta, Arch and MS Amlin, told the Supreme Court in an appeal that many business interruption policies did not cover widespread disruption. The Court ruled against them.

This now means that the Supreme Court ruling will provide guidance on the claim adjustment process and it is hoped that this will progress quickly.

See: Supreme Court Case-Financial Conduct Authority v Arch Insurance  

The FCA has stated that they will be working with insurers to ensure that they now move quickly to pay claims that the judgment said should be paid, making interim payments wherever possible. Insurers should also communicate directly and quickly with policyholders who have made claims affected by the judgment to explain next steps.

See: Supreme Court Judgment In FCA’s Business Interruption Insurance Test Case  

Our advice would be to check the terms of your business insurance to see if there is an interruption policy included, this was often included as part of an overall insurance package. If you do have a business interruption insurance policy, then you should contact your providers to start a claim.

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