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Australia business interruptioncovid 19policy construction

LCA Marrickville Pty Ltd v Swiss Re International SE

[2022] FCAFC 17
JurisdictionAustralia
CourtFederal Court of Australia (Full Court)
Year2022
StatusBinding authority

Key Principle

On orthodox principles of policy construction, COVID-19 business-interruption cover turns on the precise wording of the relevant clause: 'prevention of access', 'hybrid' and 'catastrophe' clauses generally did not respond to losses caused by government measures against COVID-19, whereas certain 'disease' clauses could respond depending on the business and the causal connection to an outbreak.

Area of Law

contract, commercial

Related Cases

Mobis Parts Australia Pty Ltd v XL Insurance Co SE [2018] NSWCA 342
Australian Securities and Investments Commission v Bekier (Liability Judgment) [2026] FCA 196
Hopper & Anor v State of Victoria [2026] HCA 11

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