insurers

FCA v Arch – Business, interrupted

Clare Baker explores what the business interruption insurance test case, FCA v Arch, means for insurers and policyholders. On 15 September 2020, the High Court (Lord Justice Flaux and Mr Justice Butcher) handed down its judgment in the business interruption insurance test case brought by the FCA on behalf of policyholders affected by the COVID-19 outbreak. As part of the case, the Court was asked to determine the correct construction of certain business interruption policy terms by reference to a set of agreed facts. The Court had 21 lead policies to consider from eight insurers (Arch, Argenta, Ecclesiastical, Hiscox, MS Amlin, QBE, Royal & Sun Alliance and Zurich).  The FCA estimated that in addition to the particular policies chosen for…

News 26 Oct, 2020