Analysis of the Supreme Court’s decision in the FCA Covid-19 Test Case

Rory Cochrane and John Platts-Mills analyse and comment on the FCA business interruption test case judgment, in which Colin Edelman QC appeared on behalf of the FCA in the Supreme Court.

“The Supreme Court’s judgment is likely to assist many, although not all, policy holders who held business interruption insurance prior to the pandemic. However, as the Supreme Court has emphasised, the specific policy wording is key and each claim will need to be considered on its merits. Outside of the business interruption context, the decision also contains important guidance on the approach that courts will now take to the construction of insurance policies, arguably signalling a purposive approach that, while not inconsistent with previous authority, might generally be said to be more favourable to policy holders. The full impact of the decision may therefore be much wider than the immediate policy context.”

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