The latest judgments in Greggs v Zurich and Stonegate v MS Amlin provide some welcome clarification in COVID-19 related business interruption claims, says Catrin Povey.
In a win for insureds, it was accepted in the Greggs case that there was a single occurrence at the outset of the pandemic restrictions, from March 2020 to May 2020, followed by separate occurrences in each jurisdiction in the UK as the levels of restrictions were adjusted over the year. Insurers had tried to argue that Greggs could only claim for one single occurrence under its policy.
However, in a win for insurers, it was accepted in Stonegate v MS Amlin that insurers can deduct furlough payments from pay-outs. Appeals are likely to follow.
If you need any advice in relation to a business interruption policy or claim, get in touch with our dedicated Insurance team.