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United Kingdom

FCA v Arch Insurance (UK) Ltd (COVID-19 Business Interruption Test Case)

[2021] UKSC 1
JurisdictionUnited Kingdom
Year2021
Statusunclear

Key Principle

business interruption insurance during COVID-19; disease clauses and prevention of access clauses triggered; Orient Express approach departed from

Area of Law

insurance

Related Cases

Allianz Australia Insurance Ltd v Sim [2012] HCA 39
Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378

Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.

Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239

Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.

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