FCA Business Interruption Test Case - The Judgment

The hearing concluded on 30 July and the judgment was handed down on 15 September. Eight days were spent analysing key policy wordings and individual words and their everyday meanings and this is reflected in the judgment that runs to 162 pages.

Is the judgment clear? Well not entirely! Insurers who have over-interpreted their wordings (trying to establish the original intention) look like they are on the hook (pending an appeal) but some who have tighter wordings appear not to be so. The FCA consider some 370,000 insureds have had payments denied and this appears to be a conclusive win for them and the policyholders at the heart of this. This case will be momentous and will set clear precedent as to the clarity of wordings and what needs to happen to ensure future cover is clear and understood by all parties.

At the same time it will highlight the exposure for insurance brokers all of whom will have arranged these covers for clients (and some will be classed as co-manufacturers under PROD) and encourage them to robustly reassess their advice process under ICOBS and their overriding professional duty to clients thus ensuring their own professional indemnity costs remain reasonable.

Learning objectives - by the end of this webinar delegates will gain insights into:

• The Test Case and why brought;
• The judgment - what has been decided;
• The threat to brokers in terms of the advice process;
• ICOBS and how to ensure your sales process is robust.

It is relevant to general insurance brokers/intermediaries, their insurers, and any other market participants.

Joining instructions will be sent out shortly before the Zoom webinar begins and all participants will receive a copy of the presentation after the talk.