Setting the Bar – FBD Business Interruption Case Demonstrates the Importance of Policy Wordings
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The Commercial Court recently found in favour of a number of publicans in a business interruption test case surrounding losses caused by the COVID-19 pandemic. In this briefing, our Commercial Contracts Group considers the learnings from the Commercial Court's interpretation of the policy wordings.
Earlier this year, the Commercial Court found in favour of a number of publicans in a business interruption test case surrounding losses caused by the COVID-19 pandemic. Our Litigation & Dispute Resolution and Insurance & Reinsurance Departments published a briefing on the outcome of the test case here.
In this new briefing, we consider the learnings from the judgment and the interpretation tools used by the Commercial Court in interpreting the policy wording including:
- "Text in Context" Approach;
- The "Insured Peril";
- The Meaning of "Following";
- Causation;
- The Counterfactual Position; and
- Indemnity Considerations.
Please click here or on the image below to download our full briefing:
