The below is an extract of the document located below
On 17 June 2020 we published finalised guidance for insurers in relation to the business interruption insurance test case. We asked insurers to review relevant non-damage business interruption policies to determine whether the outcome on claims generally (including questions of causation of loss) may be affected by the final resolution of the test case. We asked insurers to provide us with their findings. The below list includes insurers and policies that were submitted to the FCA by 5pm Friday 10 July 2020. Insurers have been requested to update the FCA as the case develops on the outcome of this review. We will update the below list to reflect any updated reviews as appropriate.
The list below sets out those policies where the relevant insurer has found in their review that the test case may affect the outcome on claims generally. Insurers have been asked to individually notify policyholders by 15 July 2020 whether their claim or complaint is potentially affected and what this means. No action is required to be taken by policyholders at this stage. To the extent that your policy may be impacted by the final ruling in the test case, you should engage with your insurer in accordance with the correspondence you have received from them.
Inclusion on this list should not be taken as indication that the outcome on any particular claim for the below policy wordings will be affected. The actual effect of the test case cannot be determined until the final judgment(s) are received from the court, which will follow any appeals of the first instance court decision. Policyholders may refer to the FCA’s Business Interruption test case webpage for information on the current stage of the test case.
Where a policy is not included on this list, this may be for a number of reasons including but not limited to the policy wording being of a type not being tested in the test case (e.g. containing an exhaustive list of diseases only, or requiring the presence of the disease at the premises or the policy contains a relevant exclusion clause which is not being tested). The list does not include policy wordings which are only held by fewer than 5 policyholders. If you are uncertain why your policy has not been included in this list or you have any other queries with regard to your non-damage business interruption policy, please refer to the communication you have received from your insurer or broker, or contact them directly.
It is also important to note that the test case is focussed on questions of policy coverage and general causation, and does not cover other issues such as how to calculate loss. The FCA’s Questions for Determination document provides a guide to the issues being considered in the test case. Insurers’ reviews have also not considered individual claims. The assessment of any particular claim will depend on its facts.
The policies listed within the document below cover approximately 370,000 policyholders.