20 April 2021

Can I claim under my Business Interruption Insurance policy?

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The FCA has published guidance for both policyholders and insurance companies to help navigate their respective Business Interruption Insurance (‘BII’) claims. The guidance follows the direction of the court, which considered three types of BII policy wording:

  • Disease outbreak clauses – this provides cover where a business is interrupted as a result of an outbreak within the vicinity of the premises.
  • Public authority clauses – this provides cover where access to a business has been hindered or prevented following government, public authority action or restrictions.
  • Hybrid clauses – this relates to policies containing wording relating to both restrictions on the business’s premises and the manifestation of a notifiable disease.

The regulators also further set out what the Supreme Court judgment means with respect to claims handling in their ‘Dear CEO’ letter as follows:

  • Cover may be available for partial closure of premises (as well as full closure) and for mandatory closure orders that were not legally binding  
  • Valid claims should not be reduced because the loss would have resulted in any event from the pandemic  
  • Two additional policy types provide cover, taking this to a total of 14 wordings from the representative sample of 21[1]

What does this mean? 

In summary, it remains for the policyholder to consider how the established principles from the detailed Supreme Court judgment apply to their individual business circumstances. It also remains for the policyholder to review their BII policy wording in full and establish whether they qualify. The policyholder also needs to calculate their liability and evaluate the loss they have suffered accurately.



The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Saad Abbas Hussain heads the Financial Disputes and Banking department at Connaught's. He has accumulated extensive industry experience within dispute resolution, regulation, and financial services, having previously worked for the Financial Conduct Authority (FCA) and the Financial Ombudsman Service (FOS).

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