Keoghs – As the FCA dust settles…

Author - Richard Houseago

Business Interruption (BI) insurers will find it hard to extract any points of comfort from the decision of the Supreme Court in the FCA-backed, Covid-19 test case. Not only was the result a resounding win for policyholders on the specific non-damage, infectious disease extensions under consideration, but we now have some new thinking on the approach to the determination of proximate cause in complex, multi-faceted cases. It is going to take years for the effects of that to work through and we are bound to see much more and rather unpredictable litigation around the issue of causation in coverage cases. Two matters might be worth mentioning.