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‘Non-Damage’ Business Interruption Insurance & the Recent Supreme Court's Decision - Webinar

Length
1 hour
Next course start
Available On-Demand See details
Course delivery
Self-Paced Online
Length
1 hour
Next course start
Available On-Demand See details
Course delivery
Self-Paced Online

Course description

Recent events have highlighted a number of uncertainties for both insured and insurers about the scope of traditional 'non-damage' business interruption insurance. Increasingly, these uncertainties are reflected at the reinsurance level.


Anyone seeking to make a claim or who writes, advises on, or handles claims under business interruption insurance and related reinsurance, should be aware of these developments and the current guidance from the Courts and the Regulator.


Join expert speaker Simon Cooper as he discusses the Supreme Court’s decision on ‘non-damage’ business interruption insurance, the correct approach to issues of causation in relation to non-damage business interruption, the latest on the construction of disease clauses, and more.

Upcoming start dates

1 start date available

Available On-Demand

  • Self-Paced Online
  • Online
  • English

Outcome / Qualification etc.

Following all MBL courses, a certificate of attendance will be provided for those who are required to evidence their CPD activity to a professional body.

Training Course Content

Introduction

Recent events have highlighted a number of uncertainties for both insured and insurers about the scope of traditional 'non-damage' business interruption insurance. Increasingly, these uncertainties are reflected at the reinsurance level.

The Supreme Court's decision in FCA v Arch addressed many of these issues in relation particularly to the losses stemming from the Covid 19 pandemic but that decision and the subsequent judicial rulings are of wider application with regard to the principles of causation, the calculation of quantum and, crucially, aggregation of losses.

Anyone seeking to make a claim or who writes, advises on, or handles claims under business interruption insurance and related reinsurance, should be aware of these developments and the current guidance from the Courts and the Regulator.

What You Will Learn

This webinar will cover the following:

  • The Supreme Court's decision on 'non-damage' business interruption insurance, including disease and denial of access clauses, in FCA v Arch and its wider significance for insurance law
  • The correct approach to issues of causation in relation to non-damage business interruption, the 'but for' test, the treatment of concurrent proximate causes in business interruption claims
  • The latest on the construction of disease clauses including Various Policy Holders v China Taiping Insurance, Corbin & King v. Axa, Stonegate v. MS Amlin and the Court of Appeal’s decision in Various Eateries v. Allianz
  • The latest on denial or prevention of access clauses including the 2024 High Court decisions in Entertainment Holdings v. Allianz and Hollywood Bowl v. Liberty Mutual
  • The correct approach to the aggregation of non-damage BI losses as set out in
  • Stonegate v. MS Amlin and Corbin & King v. Axa
  • Aggregation of losses at the reinsurance level including the High Court’s recent decisions on the meaning of a ‘catastrophe’ in relation of non-damage BI losses and the application of the hours clause to such losses in Unipol Re v. Covéa and Markel v. Gen Re
  • The scope of cover under Additional Increased Cost of Working clauses
  • The requirement for claimants to give credit for furlough payments and other government support
  • The FCA's guidance on proving the presence of Covid 19 for the purposes of an insurance claim including the use of the 'Covid 19 Calculator' and Imperial College Data for this purpose

Expenses

From £99
MBL Seminars Limited
C/o Law Business Research
Holborn Gate, 330 High Holborn
WC1V 7QT London

MBL Seminars Limited

With over 1,000 expert speakers covering more than 3,360 different topics, our course portfolio is vast and can be delivered either online or in-person. With over 450 years of collective professional development experience, we are proud to be trusted to...

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