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The courts decision in respect of the FCA test case.

September 2020


COVID19 - Urgent Insurance Update


I hope you are all staying well. Firstly apologies for sending another update so soon after the last one, but this information is important and I did not want to delay getting it out to you. Following the decision last week by the courts (mostly) in favour of clients and not insurers, there has been a lot of work going on behind the scenes regarding what the judgement meant and how everyone should react. To be honest I still don’t think it is very clear and I am disappointed with the response from our industry however I can offer some clarification, so please see below.


David McGowan (Managing Director )


The Courts Decision in Respect of the FCA Test Case

Anyone that has lodged a claim with insurers should have received some form of communication from the insurer within 7 days of the verdict. Please advise if you have not received anything when you think you should. 

  • Insurers have the right to appeal the judgement and the hearing regarding this will take place on 2nd October
  • The FCA have sent a ‘Dear CEO’ letters to insurers which means that even if there is an appeal they are expected to progress claims anyway, so they can be settled as soon as the appeal judgement is available. i.e. they cannot do nothing whilst waiting.
  • We are highly recommending, if you believe you have a valid claim (and if you have not done so already) to lodge a claim with your insurer before 2nd October. It is a concern that if an appeal is not lodged by insurers on 2nd October any claims made outside this timeline will be time barred.
 If you are unsure as to what to do, whether you have a valid claim or not, please contact us immediately.
 

Other Useful Information

We have received some good updates from third parties as to the verdict and these are attached or the links are below:-
 

Willis Towers Watson have put together an FCA Business Interruption test case document which you may find useful. To view it please CLICK HERE

HSE (Health & Safery Executive) provide some useful information to help ensure your workplace is COVID-secure - it outlines the basics for your business and offers guidance on the basic legal duties, whatever industry you work in.  To view it please CLICK HERE


You will find a link to all of our previous newsletter updates below. I would like reiterate again that you need to contact us if you are unsure about whether to claim or not, whether you can claim or the likelihood of success.

14th May - click here

21st May -  click here

3rd June - click here

11th June - click here

4th July - click here

11th July - click here

29th July - click here

26th August - click here

11th September - click here


Further Information

As we mentioned earlier, as we are in a rapidly changing climate therefore we will continue to provide regular updates and advice over the coming weeks.

If you have any concerns or queries you can call us on 01473 408408

or e-mail us directly by clicking here