FCA Business Interruption test case court ruling

There has been a great deal of speculation since the findings of the recent FCA test case and we felt it was important to let all our clients know just how the outcome of that test case affects our Swimsure policy.

The recently concluded court case focused on business interruption claims for Covid 19 and specifically dealt with a limited number of policies where it was considered that there was some ambiguity in the policy wording with regard to cover for Covid 19.

For information a summary of the ruling can be found at https://hsfnotes.com/insurance/2020/09/15/judgment-handed-down-in-fcas-covid-19-business-interruption-insurance-test-case/

The Swimsure policy, underwritten by Allianz, never fell within this category.

The policy wording is clear.  There is an extension of cover provided under the Business Interruption Section of the Swimsure policy for “Specified illnesses”. Covid 19 is not listed as one of the Specified illnesses and therefore no cover for losses arising from Covid 19 are covered by the policy.

Unfortunately, the decision following the test case does not therefore affect your ability to make a claim.