UK court resolves COVID business interruption uncertainty

September 15, 2020 | By Julius Melnitzer

A UK High Court decision has relieved uncertainties about insurance coverage for COVID-19 losses.

The decision is not binding on Canadian courts. But it may provide considerable guidance here, where the situation has been no less uncertain. That’s because the court reviewed 21 different types of wording in the policies of eight insurers.

The court found that the “disease” and “denial of access” clauses imposed liability on insurers in most, but not all, cases. The judgment, however, emphasizes the necessity of considering each policy against the tests laid out in the decision.

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