HPPB Blog

Supreme Court Judgement on Business Interruption Insurance - Pitfalls Remain

The recent Supreme Court judgement was broadly supportive of policyholders getting their BI claims paid. Policy wordings varied and the Court considered a representative sample, and the judgement can be widely applied.


We have learned that some insurers are seeking to draw a distinction between the national lockdown requirements of the first period and the tiered arrangements of later last year. Depending upon the particular wording, the same cause of loss (the pandemic) can give rise to two standards of evidence being required. So, if you are in Manchester, you have been under the strictest of conditions throughout, elsewhere, where lockdown conditions were not as strict for the whole time, you may need to demonstrate the presence of the disease within a specific distance of your business.


We are providing appropriate advice to our clients about how to present a claim (particularly if it is necessary to show the disease within a specific distance of business premises) and are happy to discuss concerns with anyone else who might be interested.

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