Recent developments in Covid-19 Business Interruption litigation

Richard Harrison and John Platts-Mills track the recent developments in Covid-19 Business Interruption litigation. 

"In January 2021 the Supreme Court clarified the basic coverage provided by BI policies which include provisions responding to the occurrence of disease within the vicinity of insured premises (“Disease clauses”) and/or to the restriction of access or use of insured premises (the so-called Non-Damage Denial of Access or “NDDA” clauses, though this includes restrictions on both access and use). However, there are a number of areas of outstanding dispute that appear likely to require further litigation to resolve. There has already been at least one high-profile arbitration award (which is published with the consent of the parties) and there are numerous sets of proceedings which have been issued with pleadings now closed and case management underway."

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