The UK government’s response to the Covid-19 pandemic included some of the most extreme restrictions to be placed on UK businesses in modern times. Despite various forms of government financial support, businesses in all sectors, but particularly in hospitality, events, and retail, suffered existential losses as a result of a total or partial inability to trade for extended periods in 2020 and 2021.
Following insurers’ refusal to pay claims submitted under relevant business interruption policies, the Financial Conduct Authority launched a test case against eight insurers, with a representative sample of 21 policy wordings included.
In January 2021, the Supreme Court established conclusively that a majority of the policy wordings under consideration were indeed capable of responding to Covid-19 business interruption losses.
At the time of launching its legal action, the FCA estimated that around 370,000 policyholders were identified as holding policies that may be affected by the outcome of the test case. However, the most recent data published by the FCA in March 2023 shows that, over two years on from the conclusion of the test case, only 43,027 claims have been paid by insurers.
Subject to the terms of each insurance policy, it is expected that there are still many thousands of policyholders who are entitled to compensation for their business interruption losses from their insurers as a result of the pandemic.