This resounding, common sense judgment represents a wholesale rejection of the insurers’ Kafkaesque interpretation of their own policies. “Insurance till you need it” is a poor advert for the insurance industry: the Supreme Court is to be congratulated for seeing through it. We have to thank the brilliant team at the Financial Conduct Authority. We placed trust in them and they repaid it with a performance of unswerving determination and professionalism. At a time when the industry feels bruised and let down by the State, it is a relief to see a national body working so hard to right a wrong. I am delighted that that those who took our advice and let the Authority run the case on their behalf have secured this result without having to pay a penny to lawyers or litigation insurers. Their compensation will be paid without deduction, which will be a blessing in these difficult times. Industry, the FCA, government and insurers must now all pull together to ensure that businesses can get insurance against pandemics that pays out promptly without the need for litigation or even the involvement of the legal profession. This litigation-fest must never happen again.
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