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Latest Covid-19 BI Judgment

29th Jan 2024

In the latest judgment in the Covid-19 BI Test Cases, Josephine Higgs KC, together with Jeffrey Gruder KC (Essex Court Chambers), acted for policyholders in the latest round of the Covid-19 BI insurance test cases, this time on Prevention of Access clauses, in Gatwick Investment Ltd & Ors v Liberty Mutual Insurance (and related cases) [2024] EWHC 124 (Comm). Michael Ryan acted for Aviva Insurance Limited, instructed by HFW LLP.

Mr Justice Jacobs concluded, inter alia, that: (i) government action was that of a ‘statutory authority’; (ii) there was cover in respect of Regulations imposed in response to a nationwide pandemic (that point not having been argued and with permission to appeal granted to insurers on this issue); and (iii) furlough payments fell to be deducted from any sums otherwise due to policyholders (with permission to appeal granted to policyholders on this issue). Various other issues connected with policy limits were also considered, including the impact of the policy being composite.

Josephine Higgs KC and Jeffrey Gruder KC acted for the Gatwick, Starboard and Fuller’s Claimants instructed by Edwin Coe LLP and for the Hollywood Bowl and International Entertainment Holdings Claimants, instructed by Fenchurch Law (UK) Limited.

Michael Ryan acted for Aviva Insurance Limited, instructed by HFW LLP.

David Scorey KC and David Walsh acted for Liberty Mutual Insurance SE, instructed by DAC Beachcroft LLP.

Charles Dougherty KC and Timothy Killen acted for Allianz Insurance PLC.

Please click here to view a copy of the Judgment.