摘要: |
A judgement was given in November on the Financial Conduct (FCA) test case brought on the back of insurers disputing claims made through business interruption insurance policies. The case, The Financial Conduct Authority v Arch and Others, highlighted the strain put on small business whose financial woes were deepened having been told by their insurers that COVID-19 global pandemic phenomenon was not included within policy clause wordings. The FCA took a sample or policy wordings, identifying 700 types of policies across 60 different insurers and affecting around 370,000 policy holders. In a 150-page judgment, the court found that most, but not all, of the disease clauses in the sample provide cover. It also ruled that certain denial-of-access clauses in the sample provide cover, but this depends on the detailed wording of the clause and how the business was affected by the government response to the pandemic, including for example whether the business was subject to a mandatory closure order and whether the business was ordered to close completely. |