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Mishcon weighing action against 12 more insurers following successful FCA Test Case

Posted on 21 September 2020

Following the FCA Test Case judgment that was released on Tuesday 15 September, The Sunday Times and The Daily Mail have reported that Mishcon de Reya is weighing action against a further 12 insurers, after the High Court ruled in favour of policyholders in most cases.  

The Court ruled that the so-called “Resilience” wording adopted by RSA, Aviva and others should respond to losses relating to the Covid-19 pandemic.

The same "Resilience" wording, which is brokered by Marsh/JELF, is adopted and underwritten by at least a dozen insurers and Mishcon is now talking to policyholders across the country who are insured under this policy wording with different insurers.

Sonia Campbell, Partner and representative of the Hospitality Insurance Group Action said; “Given the Court's judgment on the Resilience wording, we believe that Aviva and RSA were wrong not to pay their policyholders' claims, and it follows that the other insurers who have insured policyholders using the very same policy wording must also be wrong not to pay Covid-19 claims for business interruption. We are actively considering a group action against all of these insurers to force them to honour their obligations."

In addition to representing policyholders with Hiscox, Mishcon is considering whether to bring proceedings against Allianz, AIG, Aspen, Aviva, Axa, Chubb, Liberty, MS Amlin, Protector, RSA, QBE and Zurich. 

Policyholders who have queries should email insurance@mishcon.com.

Related coverage:
The Sunday Times
The Daily Mail
Reinsurance News
Insurance Times
This Is Money
Insurance Insider

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