Statement on High Court COVID-BI Ruling


“Whilst we were pleased to note that the High Court supported our previously-articulated arguments regarding coverage for COVID-19 losses under so-called ‘at the premises’ wordings, we should advise that insurers have recently been given leave to appeal this judgement, meaning that a formal position will not be able to established until such time as the Court of Appeal considers the case. At present there is no definitive timescale on when this appeal will be heard or concluded, but we will ensure that you are updated when additional information is available.”

On Friday 16th June 2023, the High Court passed down a judgement relating to COVID-19 Business Interruption claims related to ‘at the premises’ wordings. We have prepared a statement below for any clients who may feel they could be affected by the judgement:

“We are aware of the recent judgement in London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc & Othersand we are pleased to note that the High Court has agreed with arguments that we have previously put forward in support of coverage for COVID claims under ‘at the premises’ wordings. However we should advise that this recent judgement is subject to appeal and therefore there will now be a short period of review and analysis by the defendants in order to establish whether the ruling is to be challenged further. Whilst this review period is ongoing we would caution against drawing conclusions as to the processing of any claims in the short term, although we will obviously keep all our clients informed of developments as soon as we are aware of the same.”

If you have any questions about your policy or claim with NDML, you can talk to your usual point of contact or get in touch with us here.