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FCA Business Interruption Insurance Test Case

Thursday 27 May 2021, 1:00 pm - 2:00 pm
Online event
Gavin Kealey QC, Barrister, 7KBW
Business interruption

In this IIL property webinar, Gavin Kealey discussed the essential causal connection between the insured peril and the loss said to be covered by the policy.

In this landmark test case, the FCA considered that 370,000 insureds had had payments denied and argued that a composite cause had operated: COVID-19 + government regulations + the public response and insurers had disputed this, claiming it stretched causation too far. Gavin Kealey made the submission on causation for the eight insurers involved in the appeal heard by the Supreme Court.

By the end of this webinar members would have gained an insight into:

  • The general principles of causation in insurance
  • The tension or absence of tension (depending on one’s perspective) in the law between (i) the generally accepted principles of causation in insurance and (ii) the parties’ bargain as embodied in the contract of insurance
  • How two perils, one insured and another uninsured, operating independently of each other to cause a loss, may give rise to coverage even where the loss would have been caused even if the insured peril had not occurred

Venue

Online event

Booking information:

You will be sent a confirmation email shortly after booking. If you have not received this within one hour, please contact Patricia Pedraza (020 7397 3911).

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Branko Bjelobaba FCII, Senior Consultant on FCA Compliance
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