Commercial Court Rules in Favour of Plaintiffs in Cases Against FBD
The recent judgment of the Commercial Court in a number of business interruption insurance test cases has received widespread publicity. In this briefing, our expert team of litigation and insurance solicitors analyse the comprehensive judgment and its likely effects.

 

In a highly anticipated judgment, the Commercial Court has ruled in favour of four plaintiff publicans(plaintiffs) in litigation initiated against FBD Insurance plc (FBD), heard together last October before Mr Justice McDonald, concerning the interpretation of business interruption insurance clauses.  

The plaintiffs' claims were selected as test cases with the central issue being whether losses arising from the government enforced closure of pubs due to COVID-19 in 2020 are covered under business interruption clauses under the plaintiffs' public-house insurance policies with FBD (Policy).  

The recent judgment of the Commercial Court in a number of business interruption insurance test cases has received widespread publicity.  In this briefing, our expert team of litigation and insurance solicitors analyse the following issues in this comprehensive judgment and the judgment's likely effects:

  • The cover provided under the FBD business interruption clauses;
  • The relevant "insured peril";
  • Issues surrounding causation; and
  • Calculation of loss.
Please click here or on the image below to download our briefing.

Commercial Court

 

 

 

 

 

 

 

 

 

 

 

Key Contacts

Paul Convery Partner

Ian Murray Partner

Sarah Twohig Senior Associate

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