Covid 19: FCA Test Case Update

The High Court sat in session on the 2^nd October 2020 to hear submissions from Insurers seeking leave to appeal the judgement that was handed down on the 15th September 2020.

The High Court has allowed the “Leap Frog Appeal” which means the case will now bypass the Court of Appeal and move straight to the Supreme Court

Neither Zurich nor Ecclesiastical Insurance have appealed the original High Court decision as the Court found in their favour and it has been determined that the Business Interruption extensions under their particular policies do not provide cover for losses as a direct result of the Covid Pandemic.

The other Insurers participating in the Test Case have four weeks from the 2^nd October to enter their submissions at which point the Supreme Court will decide whether to accept the Appeal. If granted it is anticipated the hearing will take place prior to the end of the year with the judgement, which will be binding on all parties, to be delivered early in 2021.