Coronavirus (COVID-19) Business Interruption – Supreme Court ruling on FCA Test Case

NIG insurance policies were not included in the FCA’s test case and are not impacted by the outcome of The Supreme Court ruling on business interruption. Our standard commercial policies provide cover for business interruption for a list of specified diseases. In addition, any claim for denial of access requires there to have been physical damage to property in order for the policy to provide cover. As regards any potential claims for closure by a public authority there is an exclusion for infectious or contagious disease. Consequently, irrespective of the Supreme Court ruling, there is no cover for business interruption for the Covid-19 pandemic.

The FCA website has useful information on the outcome of the FCA Test Case and Supreme Court ruling on Business Interruption.