Many businesses making claims under business interruption insurance policies for losses resulting from business closures, due to the Covid pandemic and restrictions imposed by the Government, suffered a rejection of such claims by many of the insurance companies. On 15 September 2020 to court heard a test case brought by the Financial Conduct Authority and the decision opens the door for many businesses to challenge decisions to reject claims made under such policies of insurance. We comment on two of the most important points disaffected business should consider
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We do not consider that in agreeing Clause 2.3 (viii)(d) the parties would be reasonably understood to be restricting the cover to interference or interruption of the business which was caused only by the fact that the relevant disease was within "the Vicinity", as distinct from its also being outside "the Vicinity".
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