Thursday, July 21, 2022
HomeInsurance LawSupreme Court docket Finds in Favour of Policyholders in FCA COVID-19 Check...

Supreme Court docket Finds in Favour of Policyholders in FCA COVID-19 Check Case – Cooley Insure


This morning the Supreme Court docket handed down its judgment within the FCA COVID-19 check case, heard on a leapfrog enchantment (bypassing the Court docket of Attraction) from the primary occasion determination of Lord Justice Flaux and Mr. Justice Butcher (see our earlier blogs right here and right here). The judgment may be accessed right here.

The Supreme Court docket has considerably allowed the appeals of the FCA on behalf of the policyholders and dismissed the appeals of the insurers, and in doing so, has broadly endorsed (and in some instances expanded upon) the discovering at first occasion that lots of the insurance policies in query present cowl, albeit for barely totally different causes. As a part of its reasoning, the Supreme Court docket has concluded that the Orient Categorical case, on which the insurers positioned vital reliance, was wrongly determined and ought to be overruled.

Cooley will produce a extra in-depth article, exploring the choice intimately and contemplating its wider implications within the coming weeks.




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