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Business interruption insurance: pandemic claims

Online Published Date : 21 January 2021 | Appeared in issue: Vol 33 No 1 - 21 January 2021

The Supreme Court has, in The Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 both upheld and extended the decision of the Divisional Court, [2020] Lloyd’s Rep IR 527, and has thereby accepted that extensions conferring business interruption cover for losses caused by infectious disease and government action are applicable to the Covid-19 pandemic. Insurance cover for business interruption losses is typically triggered by material damage that gives rise to the financial loss.