Business Interruption Insurance - The January 2021 Supreme Court Decision

Introduction

On 15 January 2021, the Supreme Court handed down its seminal judgment in the case brought by the Financial Conduct Authority to determine fundamental principles of insurance raised by the COVID-19 pandemic.

Anyone who writes, buys, advises on, or handles claims under business interruption insurance should be aware of the Court's findings in this case.

The decision also addresses fundamental issues of construction and causation which are relevant to anyone concerned with any class of insurance.

What You Will Learn

This webinar will cover the following:

• The background to FCA v Arch and its importance for insurance law
• The correct approach to issues of causation and the interpretation of standard causation language
• The correct approach to the 'but for' test
• The treatment of concurrent proximate causes
• Rules of interpretation for insurance contracts including the importance of context and the conflict between a granular and a broad, purposive approach
• The interpretation of standard clauses and the scope of the cover afforded under denial of access and disease insurances
• The operation of the 'trends clause' in the calculation of business interruption loss
• The last word on Orient Express Hotels v. Assicurrazioni Generali SpA

This webinar was recorded on 26th January 2021