FINANCIAL CONDUCT AUTHORITY V ARCH INSURANCE (UK) LTD AND OTHERS

[2020] EWHC 2448 (Comm), Queen’s Bench Division, Commercial Court, Lord Justice Flaux and Mr Justice Butcher, 15 September 2020

Insurance (business interruption) – Covid-19 – Notifiable disease – National lockdown – Whether business interruption policy extensions responded to loss

This was a test case brought by the Financial Conduct Authority to determine a variety of preliminary issues relating to the coverage of non-damage extensions in business interruption policies to the various restrictions imposed upon businesses following the outbreak of the Covid-19 pandemic. The test case covered some 700 policies issued by over 60 different insurers and affecting up to 370,000 policyholders.