The Supreme Court has announced this morning that it will hand down its eagerly awaited judgment in the Covid-19 business interruption test case (The Financial Conduct Authority v Arch and others) this Friday, 15 January at 9.45am.
The case was brought by the FCA (represented by Herbert Smith Freehills) against various insurers and considers whether certain common non-damage business interruption wordings provide cover for Covid-19 related business interruption losses. The case is one of the most significant insurance cases of the last decade. Our analysis of the first instance judgment can be read here.
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