News analysis: Brokers warn of confused clients and damaged reputations after BI test case judgment

covid and money

The final verdict in the business interruption (BI) test case was revealed on 15 January when the Supreme Court dismissed the insurers’ appeals and ruled in favour of policyholders and the Financial Conduct Authority (FCA). 

It was the moment the industry had been waiting for as the judgment provided much needed clarity around how BI policy wordings should respond to the pandemic.

Overruled
In a rather surprising move, the Supreme Court concluded that the Orient Express case, which insurers

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