An update on the FCA’s court case regarding business interruption cover for COVID-19 related claims and the Supreme Court’s judgment

An update on the FCA’s court case regarding business interruption cover for COVID-19 related claims and the Supreme Court’s judgment

3rd February 2021

The Financial Conduct Authority (FCA) has published a list of policies potentially affected by the recent court case ruling, along with other resources and information of interest to policyholders.

The policy list

The FCA’s published list of policies is not the definitive list of policies that may potentially pay COVID-19 related business interruption claims and will be superseded soon.

Some policy wordings on the original list, which was drafted before the court case in 2020, were subsequently taken out of proceedings. Other policy wordings may now be included, as they are materially affected by the Supreme Court’s judgment.

The current list can be accessed here.

What does it mean if your policy is on this list?

All claimants with policies on the July 2020 list should now expect a letter from their insurer saying either that:

  1. your policy wording may provide cover, and the claim will be considered further
  2. the court case has confirmed that your policy does not provide cover.

FCA online cover checker

The FCA has created an online tool to help clients check whether they may potentially have cover provided by their policy. You can access it here.

FCA website FAQs

The FCA has also posted an FAQ page, which provides information for policyholders about making a claim and other issues related to the court case.

Updates

We will share further updates concerning the FCA’s court case as and when they are released.

In the meantime, if you have any questions concerning a potential claim or any other matter connected to the FCA’s court case, please contact your CLEAR MPW account executive.