3VB success in Business Interruption Insurance Test Case
A team of 3VB barristers have successfully represented policyholders in a second test case which is likely to unlock coverage in thousands of unresolved business interruption insurance claims arising from the COVID-19 pandemic.
After a two week preliminary issues trial in April 2023 in six cases, Jacob J has handed down judgment in London International Exhibition Centre plc v Royal & Sun Alliance Insurance Plc [2023] EWHC 1481 (Comm), one of The Lawyer’s Top 20 Cases of 2023.
The judgment confirms that the approach to proximate causation established for ‘radius’ disease cover in business interruption insurance – established by the Supreme Court in the initial FCA test case – equally applies to ‘premises’ disease cover.
Adam Kramer KC and William Day represented the London International Exhibition Centre in the lead test case, instructed by Aaron Le Marquer and James Breese of Stewarts Law LLP.
Tom Weitzman KC and Peter Ratcliffe represented claimants from the PizzaExpress group, instructed by Stephen Surgeoner and Suzi Goodchild of Dechert LLP.
The judgment can be viewed here. Consequentials, including permission to appeal, have been deferred to a later date.
Tom, Adam, Peter and William are all also instructed a third test case listed for October 2023 to determine the extent to which the principles from the FCA test case also apply to denial or prevention of access cover triggered by the COVID-19 pandemic.
