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Judgment in FCA COVID-19 Business Interruption insurance test case

16/09/20

The High Court has handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others [2020] EWHC 2448 (Comm). These expedited proceedings concern numerous sample wordings of business interruption policies from eight leading insurers and were commenced in June 2020, leading to an urgent two week remote trial in July 2020.

Different findings were made in respect of each insurance policy, but the court (comprising Mr Justice Butcher and Lord Justice Flaux) found in QBE’s favour in respect of two of the three QBE policies it considered.

Consequential matters arising from the judgment, including any applications for permission to appeal, have been adjourned to a later date.

The judgment is here.

Mark Howard QC and Sarah Bousfield appeared for QBE, instructed by Clyde & Co LLP.

Simon Salzedo QC and Michael Bolding appeared for Argenta, instructed by Simmons & Simmons LLP.