Business interruption: Covid-19

The decision of McDonald J in the Irish High Court in Brushfield Ltd (t/a The Clarence Hotel) v Arachas Corporate Brokers Ltd and Another [2021] IEHC 263, demonstrates that the generosity of the Supreme Court’s ruling in Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] Lloyd’s Rep IR 63 far from means that all business interruption claims will succeed. All turns upon the wording of the clauses in question, and the record of policyholder success in the courts since Arch has been relatively poor.

Brushfield: the insurance