FCA Test Case update
The outcome of the FCA testcase while not binding in Ireland does have persuasive authority here. Combined with the outcome of the FBD case which is currently ongoing the FCA case will have a major impact on how Covid-19 losses are dealt with in the future.
The UK High Court sat in session on the 2nd October 2020 to hear submissions from Insurers seeking leave to appeal the judgement that was handed down on the 15th September 2020.
The High Court has allowed the “Leap Frog Appeal” which means the case will now bypass the Court of Appeal and move straight to the Supreme Court
Neither Zurich nor Ecclesiastical Insurance have appealed the original High Court decision as the Court found in their favour and it has been determined that the Business Interruption extensions under their particular policies do not provide cover for losses as a direct result of the Covid Pandemic.
The other Insurers participating in the Test Case have four weeks from the 2nd October to enter their submissions at which point the Supreme Court will decide whether to accept the Appeal. If granted it is anticipated the hearing will take place prior to the end of the year with the judgement, which will be binding on all parties, to be delivered early in 2021.