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:
Recommended Insights
Article and Insights
1
Feb 2024
William Fry is pleased to launch its Responsible Business Annual Report 2023.
Article and Insights
2
Feb 2024
We focus on the second batch of draft implementation measures announced by the Eur...
Partner
John O’Connor
Article and Insights
2
Feb 2024
The Supreme Court has refused leave to appeal from a decision rejecting John Delan...
Consultant
Deirdre O’Donovan
Article and Insights
24
Jan 2024
The High Court recently dismissed a petition seeking the winding up of a biofuel c...
Partner
Fergus Doorly
prev
next