Covid-19 Business Interruption Insurance Claims
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you may have a claim despite what your insurance provider tells you
Covid-19 Business Interruption
- Were you told that you were not able to claim on your insurance?
- Did the insurance company tell you that you were not protected when the government forced you to close?
We are closely watching the outcome of a current test case that may allow you to claim.
Register your interest and we will let you know as soon as the outcome has been declared.
The FCA has brought a test case in the High Court against a number of insurance companies, because it is argued that these insurers have wrongly refused to accept business interruption claims arising from Covid-19.
We are keeping a close watch on the outcome in this case which could benefit 370,000 businesses holding policies which include business interruption.
On the first day of the case, March 16 is being identified as a crucial day; it was on that day that the Prime Minister ordered the country to avoid social contact. Government legislation followed swiftly and required many non-essential businesses to close. The FCA’s barrister is arguing that the policies do not need to contemplate actual contamination of the insured property or business merely the impact arising from the risk of an outbreak of infectious disease.
Many of these businesses were forced to close in late March and some have been unable to reopen until late July. Many hospitality businesses have been told not to expect to reopen until October at the earliest.
The loss of income for all of these businesses plays a significant impact on their ability to survive, and to claim on their insurance policies for business interruption due to Covid-19, for many provides a vital lifeline.
The sequence of events will be crucial in the case. The FCA case states that “the Governments medical advice of 16th March is sufficient to enable those businesses which have an insurance policy that covers both pandemics and Government ordered closure to make a claim – provided all other terms and conditions are met”.
On the 17th March, Rishi Sunak announced that the Economic Secretary had reached an agreement with the insurance industry to honor insurance policies that would have been triggered if the advice had been to ban certain things, rather than it being advisory not to do them.
On the 18th March, during a Treasury Committee meeting Rishi Sunak stated; “What we did yesterday was to agree with the insurance companies as regards anyone who had a policy that would have paid out had we said, ‘The restaurant is shut,’ rather than, ‘It is best if people do not go to restaurants.’ That is the instance, rightly, about which there was the most uncertainty, and that is what we cleared up. We ensured that the insurance company would do the right thing, and they have said that they would. I appreciate that.”
On the 20th March all restaurants, nightclubs, pubs, bars, theaters, cinemas, gyms, leisure centers and nurseries were told to close, whilst on the 23rd March this was extended to include all shops selling non-essential goods, along with libraries, playgrounds, outdoor gyms and places of worship. All spectator sports were also stopped, whilst weddings were not allowed to take place after 23rd March. The Government extended the list of businesses to cease trading by also including hotels and other holiday accommodation, with the exception of providing accommodation for prescribed categories of individuals.
• We are keeping a close eye on this case and will report the outcome.
• If you have tried to make a claim but your insurer has refused, let us know now so we can offer preliminary guidance.
• If we need to pursue a claim for you no upfront fees will be charged because we will pursue your claim under a “no win no fee” agreement. Our rates will take into account the need for you to retain as much money as possible from your claim to enable you to rebuild your business.
Contact our experts today for a no obligation conversation, and let’s see how we could potentially help you take the first steps towards pursuing a successful claim.
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