U.K. High Court Ruling: Why It's Not An Indicator For The U.S. BI Litigation
September 16, 2020

On September 15, the U.K. High Court issued a ruling concerning the UK Financial Conduct Authority’s (FCA) test case on pandemic-related business interruption (BI) claims against 21 representative policies issued by 8 insurers. While they may provide clarity for insurers and policyholders in the UK, the findings of this ruling are not relevant to the current BI litigation landscape in the U.S.

Here’s why:

To date, there has been a growing list of court decisions in state courts across the U.S. that prove standard BI policies don’t cover COVID-19 shutdowns. Direct physical loss or damage must occur for a BI claim to be triggered, and government orders do not constitute direct physical loss or damage to property.

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