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Supreme Court judgment in FCA’s Covid-19 Business Interruption Test Case

On 15th January 2021, The Supreme Court handed down judgment in the Covid-19 Business Interruption insurance test case brought by The Financial Conduct Authority and several action groups against a limited number of insurers and wordings.
The Supreme Court unanimously dismissed insurers’ appeals and allowed all four of the FCA’s appeals. This is positive news and we are currently digesting the full details to understand and determine what this means for each of our clients who have had a claim rejected, or those with wordings that were contested but have been awaiting the decision before claiming.
The full 114-page judgment can be read here. An easier summary of the judgment is also contained in the following on the website of the FCA’s solicitors, Herbert Smith Freehills LLP.
Important Note
If you have already made a claim and you are affected by the outcome then your insurer will shortly be in contact to advise on the next steps.
If you haven’t made a claim and/or you are still unsure, please contact Darren Easton on 01603 218238 or

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