In 2020 the FCA took legal action in order to provide policyholders and businesses with clarity on the circumstances in which an insurance policy will provide cover for a business interruption claim resulting from the coronavirus pandemic. The test case only looked at policy wordings which do not require damage to the insured business premises. Reference to individual policy wordings will therefore need to be made in order to determine whether your policy is one affected by the Supreme Court decision.
The FCA asked the court to look at a number of factors, such as whether insurers can rely on certain exclusions to decline claims and how to interpret specific terms in the policy wordings. The Supreme Court handed down its Judgment on Friday 15 January 2021. The Judgment can be found here
Brit was not a party to the test case, however we are now actively reviewing the decision of the court and what it means for any customer with affected claims and complaints. Should any Brit policyholder be affected by the court ruling Brit, or our representatives, will be in contact to explain next steps.
More information can be found on the following pages – FCA business interruption test case and FOS business interruption complaints