kennedys – The second wave of COVID-19 litigation


The FCA test case is widely regarded as having resolved a plethora of issues in COVID-19 business interruption claims. Unsurprisingly, it did not resolve everything and certain issues were not tackled as part of or fully resolved by that case. These issues have started appearing in what might be called the second wave of litigation, and other areas of contention have emerged that are prime for future legal challenges, meaning that insurers are operating in a still uncertain landscape.

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