“We are delighted but unsurprised that the Supreme Court, including Lord Hamblen who originally decided the FCA Test Case, have now confirmed that they meant what they said in that case,” says Aaron Le Marquer, head of policyholder disputes at Stewarts.
“We hope that insurers will now proceed to pay the claims of so many policyholders who have now been waiting more than four years for their compensation.”
The stage is now set for the January 2025 appeals in Bath Racecourse versus Liberty Mutual, in which Stewarts also acts for the policyholder.
In that case, the Court of Appeal will decide the ‘market critical’ issues of whether insurers are entitled to claim the benefit of furlough monies paid to policyholders during the pandemic and whether multiple insured entities under a single composite insurance policy are each entitled to pursue separate claims.
Hospitality businesses have been fighting a complex battle to get insurers to pay out for business interruption related to Coronavirus since 2020.
Businesses to have challenged the decision of their insured include Greggs, Black & White Hospitality, Flat Iron and Pizza Express.
