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Coronavirus (COVID-19) Business Interruption – FCA Test Case Result

The High Court handed down its Judgment on the Financial Conduct Authority (FCA) Business Interruption test case on 15th September 2020.

NIG was not a party to the test case and its policy wordings are not impacted by the Judgment. This is because either physical damage to property is required in order for there to be a valid claim, the list of diseases for which cover is provided is an exhaustive list and COVID-19 is not included or there is an exclusion for infectious or contagious diseases.

There are a small number of policies that NIG underwrites for other brands. These policies are not impacted by the test case either, as policy terms and conditions were already being applied in line with the outcome of the test case.

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