FCA picks apart insurer reliance on Hurricane Katrina judgment in BI test case

Hurricane from a satellite's view

Colin Edelman, counsel for the regulator, argued that reversing the Orient Express judgment would “restore sanity rather than creating mayhem and restore these policies to acting in a way an insured would expect them to operate”.

The Orient Express case involved a hotel that closed for two months in 2005 after taking damage from Hurricane Katrina. The insurer in the case, Generali, argued that applying a ‘but for’ test the hotel would have suffered from business interruption whether it was

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