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Mishcon de Reya to intervene in FCA test case on behalf of Hiscox Action Group

Posted on 24 June 2020

The Hiscox Action Group is seeking to intervene in the FCA insurance test case scheduled to be heard in July.

The FCA case does not currently include any of the policy holders who have lost out from insurers refusing to settle COVID-19 Business Interruption claims.

Mark Killick, of the Hiscox Action Group Steering Committee, says, “It is not right that a case like this is proceeding without policyholders having a voice and this intervention will address that. It is our members that are going out of business and they are entitled to be heard.

The Hiscox Action Group has formally applied to intervene in the FCA insurance test case following the refusal of Hiscox to agree to an expedited arbitration process. 

No Hiscox Action Group policyholders are currently represented in the FCA action and there is concern that the weaknesses of Hiscox's position might lose visibility. There are seven other insurers and wordings involved in the case.

Partner Richard Leedham is leading the claim on behalf of the group and added, “Hiscox has so far refused to agree to an expedited arbitration claim and pointed to the FCA case. This case is clearly becoming increasingly important and it is imperative that Hiscox Action Group members - who are some of the victims here - have a voice. This refusal to honour its own arbitration process has left the Hiscox Action Group with no choice but to seek to join the FCA action."

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