Information about the FCA Business Interruption test case

We recognise the adverse impact that Covid-19 is having on businesses, and that customers with Business Interruption insurance are keen to understand if their insurance policy will respond. This page contains information about the FCA Business Interruption test case.

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What is the test case?

The High Court delivered its judgment in September and, following this, parties to the case including insurers and the FCA appealed some of the rulings. This appeal went straight to the Supreme Court which heard the case in late 2020.

The Supreme Court has now delivered its judgment on the case which is final and binding on all parties. No further appeals or course of action is open to any parties to the case. (Parties include insurers, the FCA, customer action groups and brokers).

 

What happens next?

All parties are reviewing the judgment as quickly as possible to determine the impact it has for customers with claims

We will write to customers who have made claims relating to the scope of this case within seven days, in line with FCA guidelines, as well as updating this page with any further relevant information.

If you are yet to make a claim, but think the judgement means you are eligible to then you should speak to your broker in the first instance.

In the meantime, you can also visit the FCA’s business interruption hub for more information here.