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Closing thoughts on the FCA's Business Interruption Test Case

July 2020
Joe Bryant

It has been very interesting watching the FCA’s business interruption litigation playing out in the High Court this week. Whilst arguments have been made across every aspect of the various policy wordings that are under scrutiny, the key battleground has been causation; did the closure of policyholders’ premises cause their losses, or would those losses have happened anyway?

In this note, Joe Bryant provides brief closing thoughts on eight days of argument and how it may impact insurers in the future.

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