News & Articles

AirSPitality Wine & Cheese Tasting Evening

8 April 2021

18 “would-be party-goers”, constrained by lockdown, gathered together for a “virtual” evening out … see
what we got up to …

R (Maughan) v HM Senior Coroner for Oxfordshire - standard of proof for Coroners' Inquests

April 2021

Supreme Court confirms that Coroners’ Inquests shall apply the lower civil standard of proof to all forms of Inquest conclusions of suicide and unlawful killing.

Round-Up of 2020 - Carter Perry Bailey

January 2021

Carter Perry Bailey's annual Round-Up of cases to the insurance and reinsurance community.

FCA BI Insurance Test Case Supreme Court Judgment - Carter Perry Bailey Summary

15 January 2021

The Supreme Court handed down its judgment in the leapfrog appeal of the FCA Business Interruption Insurance Test Case. Although the lower court had largely found in favour of the FCA, both Insurers and the FCA appealed on various issues.

The Supreme Court broadly accepted the FCA appeals (with some qualifications).

Although it accepted some of the arguments made by Insurers, they ultimately concluded they did not affect the outcome of the appeal. Insurers’ appeals were all dismissed.

The outcome of this decision means that all insuring clauses that were being considered in the appeal will provide cover for losses caused by Covid-19 and these losses will not be reduced by reference to any Covid-19 related losses that occurred prior to policies being triggered.

The case provides new law on issues of causation and overturns the, arguably insurer-friendly, decision in Orient Express Hotels v Assicurazioni Generali SpA. The Supreme Court’s decisions have effectively widened the scope of cover available to policyholders, applying an even broader interpretation than the already generous application of the High Court.

It is anticipated that this decision could cover some 700 types of policies across over 60 different insurers, potentially affecting 370,000 policyholders.

FCA BI Insurance Test Case Judgment - Carter Perry Bailey Summary

18 September 2020

Following the 8-day hearing of the FCA business interruption insurance test case, which commenced on 20 July 2020 (you can read our summary of the hearing and the background to the claim here), the High Court handed down its judgment on 15 September 2020.

This judgment provides guidance on, amongst other things, the application of (i) prevention of access clauses; (ii) disease clauses; (iii) hybrids of the aforementioned clauses; and (iv) trends clauses.

Lord Justice Flaux and Mr Justice Butcher found in favour of the FCA on a number of important points, including causation, many of the policy triggers and the application of the trends clauses.

Most, but not all, of the sample disease and hybrid clauses considered by the Court were found to provide cover as were some of the prevention of access clauses. The full judgment can be found here.