Business Interruption claims for Covid-19?

Editor12021-02-17T11:41:53+00:00

The path is now clear for commercial property tenants to address possible claims for Business Interruption on their Traders Policies.

The Financial Conduct Authority (FCA) won a test case against a group of insurers in September and the Supreme Court upheld this decision last month.

Some further claims can now be made on Traders Policies, for loss of profits due the Covid-19 pandemic. This will reduce some businesses losses arising from the pandemic – but not all.

FCA has published a Policy Checker to help business occupiers in the first instance. Business occupiers should request specific guidance on their Traders Policy from their brokers. Many policies will not cover the pandemic and the detailed policy wording needs to be addressed, particularly in relation to Denial of Access or Infectious Diseases.

If Brokers advise that a claim is worthwhile, Day and Bell will try to assist tenants with lease details or other records that may be required.

For further background please refer to the FCA Guidance and contact your Broker.