Key Developments in ‘Non-Damage’ Business Interruption Insurance

Introduction

Recent events have highlighted a number of uncertainties for both insured and insurers about the scope of traditional 'Non-damage' business interruption insurance. Increasingly, these uncertainties are reflected at the reinsurance level.

The webinar will review the Supreme Court's decision in FCA v Arch which addressed some of these issues, particularly in relation to the application of 'disease-based clauses' to the losses stemming from the COVID-19 pandemic.

Crucially, ‘Non-damage’ business interruption claims are now impacting reinsurers, and important issues arise with regard to aggregation and coverage at the reinsurance level.

Anyone seeking to make a claim or who writes, advises on, or handles claims under business interruption insurance and related reinsurance, should be aware of these developments and the current guidance from the Courts and the Regulator.

What You Will Learn

This webinar will cover the following:

• The Supreme Court's decision on 'Non-damage' business interruption insurance, including disease and denial of access clauses, in FCA v Arch and its wider significance for insurance law
• The correct approach to issues of causation in relation to ‘Non-damage’ business interruption, the 'but for' test, the treatment of concurrent proximate causes in business interruption claims
• The latest on the construction of disease clauses including Various Policy Holders v China Taiping Insurance, Corbin & King v. Axa, Stonegate v. MS Amlin and the Court of Appeal’s decision in Various Eateries v. Allianz
• The latest on denial or prevention of access clauses including the 2024 High Court decisions in Entertainment Holdings v. Allianz and Hollywood Bowl v. Liberty Mutual
• The correct approach to the aggregation of ‘Non-damage’ BI losses as set out in Stonegate v. MS Amlin and Corbin & King v. Axa
• Aggregation of losses at the reinsurance level including the High Court and Court of Appeal's recent decisions on the meaning of a ‘catastrophe’ in relation of ‘Non-damage’ BI losses and the application of the hours clause to such losses in Unipol Re v. Covéa and Markel v. Gen Re
• The scope of cover under Additional Increased Cost of Working clauses
• The requirement for claimants to give credit for furlough payments and other government support
• The FCA's guidance on proving the presence of COVID-19 for the purposes of an insurance claim including the use of the 'COVID-19 Calculator' and Imperial College Data for this purpose

This pre-recorded webinar will be available to view from Tuesday 15th April 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.