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FCA Test Case to assess business interruption insurance policies

Posted on 3 July 2020

On 26 June 2020 the Hospitality Insurance Group Action (HIGA) and Hiscox Action Group (HAG) were granted permission to intervene in the FCA test case and participate in the trial, which begins on 20 July.

The Test Case originally involved only the FCA, as claimant, with eight insurer defendants, with no participation from actual insureds. HIGA will make representations for the QBE and Aviva insureds that it represents (whilst Aviva is not a defendant to the proceedings, it underwrites a materially similar wording to the Material Damage and Business Interruption wording that is being tested, which is underwritten by RSA). HAG will make representations for the Hiscox insureds that it represents.

The FCA aims to obtain declarations which will provide clarity and certainty for the many insureds who have been suffering substantial financial loss as a result of COVID-19. This is a novel case for many reasons; it is the first case ever brought within the Financial List Test Case Scheme and is the largest piece of insurance coverage litigation for many years.  

For HIGA, Partner Sonia Campbell (assisted by Sophie Cuthbertson and Harriet Roach) has instructed Philip Edey QC, Susannah Jones (both of Twenty Essex) and Josephine Higgs (of 7 King's Bench Walk).

For HAG, Partner Richard Leedham (assisted by Ralph Fearnhead and Shenaz Lyons) has instructed Ben Lynch QC and Christopher Knowles (both of Fountain Court).

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