Earlier this year, the Commercial Court found in favour of a
number of publicans in a business interruption test case
surrounding losses caused by the COVID-19 pandemic. Our Litigation
& Dispute Resolution and Insurance & Reinsurance
Departments published a briefing on the outcome of the test
In this new briefing, we consider the learnings from the judgment and the interpretation tools used by the Commercial Court in interpreting the policy wording including:
- "Text in Context" Approach;
- The "Insured Peril";
- The Meaning of "Following";
- The Counterfactual Position; and
- Indemnity Considerations.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.