Insurers launch their appeals as FCA BI Supreme Court battle begins

UK Supreme Court

The Supreme Court heard arguments from lawyers representing QBE, Argenta and MS Amlin on 16 November as insurers began their appeal of the September judgment handed down in the FCA’s business interruption test case.

The Supreme Court appeal is slated to run for four days this week and is being heard by Lords Reed, Hodge, Briggs, Hamblen and Leggatt.

All three insurers on Monday contended that, while their wordings provide cover for occurrences of notifiable diseases within a 25-mile radius of the insured premises, such cases could not be said to be the cause of business interruption losses suffered as a result of government lockdown measures.

QBE
Beginning Monday’s proceedings, Michael Crane QC laid out

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