Business Interruption Policies now cover COVID-19
September 23, 2020
Many policyholders whose businesses were affected by the Covid-19 pandemic suffered significant losses, resulting in large numbers of claims under business interruption (BI) policies.
Most SME policies are focused on property damage and only have basic cover for BI as a consequence of property damage. But some policies also cover for BI from other causes, in particular infectious or notifiable diseases (‘disease clauses’) and non-damage denial of access and public authority closures or restrictions (‘denial of access clauses’). In some cases, insurers have accepted liability under these policies. In other cases, insurers have disputed liability while policyholders considered that it existed, leading to widespread concern about the lack of clarity and certainty.
The Financial Conduct Authority (FCA) has won a test case on the legal clarity of business interruption cover.
The FCA reviewed more than 500 policies from 40 insurers and identified a sample of 17 policy wordings that highlighted the key areas of dispute. The test case also clarified that the COVID-19 pandemic and the Government response was a single cause of the covered loss. This is a key requirement for claims to be paid even if the policy provides cover. The case outcome should help policyholders and insurers identify which business interruption policies provide cover for the coronavirus pandemic and which do not.
Read more about the case at: https://www.fca.org.uk/news/press-releases/result-fca-business-interruption-test-case