Hearing challenges test case brought by FCA over ‘business interruption’ claims

The four-day hearing will challenge a successful test case brought by the Financial Conduct Authority in September on behalf of holders of “business interruption” insurance who were denied payouts because of strict policy definitions.

On the other hand the nuanced arguments already accepted in the High Court ruling may not be the last word from the FCA. 

"One insurance lawyer not involved in the case suggested the FCA and policyholders could yet seek to change their arguments. Rather than insisting that the pandemic and lockdown were one indivisible cause of losses, they could claim they were individual causes but concurrent. “If the Supreme Court won’t accept the [High Court] approach to causation it might still uphold the decision by applying an alternative concurrent cause approach,” said Ravi Nayer, a partner at law firm Brown Rudnick."

Matthew Vincent FT 16 November 2020

Whatever the outcome rest assured that there is a digital claims management platform which, even at this late stage, can be deployed to the benefit of insurers and claimants. In fact two of the insurers taking part in  the test case have already deployed it. 

Customisation of digital workflows, processes, automation and claims journeys plus much faster time to value are some of the benefits of No Code platforms and software.