Practical Guide to Business Interruption Insurance

A practical guide to a fast-developing area of law of substantial importance to businesses hit by the effects of COVID-19 and the imposition of restrictions by the UK Government. The book explains in practical terms the complex decisions in the FCA test case and subsequent appeal to the UK Supreme Court, dealing with the key differences between policies, the definitions of specific words and phrases in insurance contracts, and the new approach to causation in claims arising from the pandemic.

This guide provides a walk through of examples of policy wordings, recent decided cases, FCA guidance and the practical and tactical aspects of insurance litigation. It is suitable for practitioners and businesses alike.

ABOUT THE AUTHOR

Neil Fawcett was called to the Bar of England and Wales in 2006 and was appointed a Deputy District Judge in 2015 sitting in the civil jurisdiction. He currently practices at the Bar from 3 Paper Buildings in the fields of Commercial and Chancery Litigation, with a particular focus on Insurance, Property, and Commercial litigation.

CONTENTS

Chapter One - COVID-19

Chapter Two - Government Intervention

Chapter Three - Categories of Business

Chapter Four - The FCA Test Case

Chapter Five - Policies and Clauses

Chapter Six - The Nature of Insurance Policies

Chapter Seven - Causation

Chapter Eight - Disease Clauses

Chapter Nine - Denial of Access Clauses

Chapter Ten - The Measure of Loss

Chapter Eleven - Insurance Claims

Chapter Twelve - Broker Claims

Chapter Thirteen - Litigation Funding

Appendix - Sample Particulars of Claim