Struck out BI claim proves there is no ‘public policy move’ following test case


Barrister says that not all business interruption claim cases will follow the trajectory of the FCA’s test case and that not all clauses will be interpreted in favour of the policyholder

There will not be a “public policy move” towards interpreting all business interruption claims in favour of policyholders following the FCA’s test case, said Sarah Prager, barrister at One Chancery Lane.

Speaking at a virtual FOIL roundtable on 9 November, Prager cited the example of the recent TKC Limited v Allianz Insurance case, heard shortly after the High Court published its judgment in September, ruling on the interpretation of specific business interruption (BI) policy wordings from eight different insurers and how these applied to Covid-19-related claims.

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