Business Interruption Insurance Claims after the FCA Test Case: at Home and Abroad

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SUMMARY

Aggregation: where did it start, what is the underlying theme, what is the direction of the journey and what will be investigated next?

Our panel of Guy Blackwood KC, Joseph England, and William Mitchell looks at this issue and considers some recent illustrations of practical application by the Court:

• Test the FCA’s business interruption insurance case and how it differs from decisions in other international jurisdictions
• Butcher J’s decision at Stonegate Pub Co Ltd v MS Amlin Corp Members Ltd & Ors [2022] EWHC 2548 (Comm)
• Decision of Cockerill J. in Corbin and King Ltd v AXA Insurance UK Plc [2022] EWHC 409 (Comm), a high-profile claim filed by a well-known restaurant group, regarding the scope of no-damage access denial and aggregation critical issues after “FCA Test Cases”.