FCA BI insurance test case: case management conference on 26 June highlights the difficulties in determining the issues and raises the prospect of a second trial

On 26 June, there was a further case management conference (CMC) in the FCA’s COVID-19 BI insurance test case. The CMC was before Lord Justice Flaux and Mr Justice Butcher. These two judges will sit together to hear the trial. The court dealt with a number of issues regarding the […]

Reinsurance in the Time of COVID-19 – Part 3

In part 3 of our blog series on reinsurance issues arising from COVID-19, we consider the implications of “reopening” the economy on reinsurance exposure.

FCA BI Insurance Test Cases: Case Management Conference Highlights the Challenges Facing the Court and the Parties

A case management conference (CMC) before Mr Justice Butcher was held on 16 June to deal with a number of procedural matters in relation to the future conduct of the Financial Conduct Authority’s COVID-19 business interruption insurance test case.

Reinsurance in the Time of COVID-19 – Part 2

In part 2 of our blog series on reinsurance issues arising from COVID-19, we consider the difficulties that might arise from the application of aggregation clauses in reinsurance policies to COVID-19 losses.

FCA Update on Business Interruption Insurance Test Case

The Financial Conduct Authority has provided an update on progress regarding its proposed court action to resolve uncertainties about business interruption policies. The update provides an initial list of the representative sample of policy wordings that will be examined in the action. 17 policy wordings have been selected so far, […]

Reinsurance in the Time of COVID-19 – Part 1

The World Health Organization classified the coronavirus (COVID-19) as a pandemic on 11 March 2020 and, since that time, the pandemic has caused unprecedented socio-economic disruption across the globe with a profound impact on businesses and civil liberties. In such times of dramatic economic instability, it is natural that companies […]

COVID-19 Lawsuits Could Lead to Wave of Insurance Claims

As shelter-in-place orders begin to ease and businesses reopen, companies should be prepared for a potential wave of lawsuits from customers and employees who may claim to have contracted COVID-19 on their premises. In response, Congress is currently considering legislation to shield companies from liability provided that they follow federal […]

FCA Publishes Statement About Policyholder Engagement for BI Test Cases

On 15 May 2020, the Financial Conduct Authority issued a statement setting out how it is engaging with policyholders and insurance intermediaries on business interruption insurance. The FCA said a large number of BI claims are being made and referred to widespread concern about the response of some insurers. On […]

FCA Announces It Will Commence Proceedings to Seek Clarity Over BI COVID-19 Coverage

On 1 May 2020, the Financial Conduct Authority, the UK’s conduct regulator for general insurers, published a statement announcing that it intends to take a representative sample of cases to court as soon as possible to resolve contractual uncertainty in business interruption cover for SMEs. The FCA refers to continuing […]

High Court Rules on Materiality of Non-Compliance with Terms of Separate Policy

In Niramax Group Ltd v Zurich Insurance Plc [2020] EWHC 535 (Comm), Niramax Group Ltd (“Niramax”) brought a claim against Zurich Insurance plc (“Zurich”) challenging Zurich’s failure to pay out on a claim for fire damage to a recycling facility.