Back in September the High Court made its ruling in respect of Non-Damage Business Interruption (BI) claims which arose as a result of Coronavirus.  15th January saw the Supreme hear the FCA’s and insurers’ appeals against elements of the initial High Court judgement.

The Supreme Court allowed the FCA’s appeal and found in favour of the regulator on behalf of policyholders, it is estimated that this decision will positively impact up to 400,000 organisations in the UK.

Policyholders should be aware that whilst this is good news for many, the result will not impact every organisation. Some organisations have already received claims payments from insurers, others are in the process of receiving them. Where claims were previously rejected, the decisions will now have to be reviewed.

We would caution policyholders that even though the Supreme Court has reached its decision, it will not impact every policyholder:

  • some organisations had not bought business interruption as part of their insurance program
  • BI policies underwritten on a “specified diseases” basis will still not respond

If policyholder have logged claims with us previously, we will get an update from your insurers on your claim or potential claim over the coming weeks.  If you have yet to make a formal claim, but you feel that you have suffered an insured business interruption loss due to the pandemic, please do get in touch as soon as possible.

For more information, please visit:

Supreme Court judgment in FCA’s business interruption insurance test case | FCA

Business interruption insurance | FCA

Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case | Insurance notes (