UPDATED: Announcement of Supreme Court Ruling on Business Interruption Test Case

Update to Supreme Court Statement on Covid Judgement
15/04/2021

Following our statement on the Supreme Court Judgement relating to Covid-19 and Business Interruption, we’re now pleased to let our policyholders know the results of our work with those insurers named on the FCA list as affected policies.

Soon after the Supreme Court ruling, we engaged with all of the insurers we use who appear on the FCA list and identified small number of policies that may have had grounds for a claim based on the wording and interpretation used. We have been in contact directly with those policyholders affected and continue to work closely with them & insurers to see if there is a possibility of indemnity.

For our other policyholders, the matter is now concluded as the judgement has given much needed clarity to the situation. If you still feel there are grounds for a claim with the insurer then please get in touch with David Lamb for Business claims or Tish Phillips for Farm claims and they will help you with the next steps of the claim process.

We’d like to thank our clients, panel insurers and staff for having worked closely with us to resolve and help implement the Judgement and for seeking resolution for policyholders. This has been an unprecedented time for insurance and the close working relationships we have with our stakeholders has led to this timely solution.

For any further information please contact your regular insurance contact at County.

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The below was our original statement on Friday 15th January 2021 regarding the Supreme court judgement on Covid-19 business interruption cases.

Earlier today, Friday 15th January 2021, the Supreme Court gave it’s ruling on the Business Interruption (BI) test case that was brought by the Financial Conduct Authority and a panel of Insurers. This was the final case in a line of hearings and consultations to determine validity of BI claims following the start of the Covid-19 pandemic last year. This case was to cover ruling on 370,000 policyholders in the UK. In context there’s over six million businesses in the UK.

The decision the court has given has intended to draw to a close and give clarity to outstanding claims made to insurers under certain policy wordings, terms and conditions. Each policy wording will need to be carefully considered against the court’s judgement.

At County, we appreciate this will mean many policyholders will now want to query if cover would have applied during the 2019-2020 renewal period on policies. Working closely with your insurer, we will be discussing the outcome of the ruling with each of them and if it affects any clients. It will take a number of weeks to go through this process and we would ask for patience while we conduct this.

For existing claims with insurers, your insurer will be in touch with you and liaise through us if there is a valid claim to be had. While it will take time to go through this process we would ask that you wait to hear from an insurer in the coming weeks. Please do still get in touch with your regular insurance contact for any ongoing enquiries unrelated to the ruling.

Thank you for continuing to understand and we will be working with insurers to reach a timely conclusion to matters