IE Comment; The denied Business Interruption claims last year were arguably the biggest own goal by the UK insurance sector of the 21st century. The road to compromise and settlement has been a rocky one, involving the FCA, but we are getting to a point where better days can be seen ahead. In the end, insurance is a contract based on trust and the future has to built back better on plain english and rapid payouts when governments – and Councils – shutdown perfectly healthy and well managed businesses.
Here’s the statement from Hiscox;
Hiscox Insurance Company Limited (Hiscox) and the members of the Hiscox Action Group (HAG) have reached a settlement in respect of the proceedings brought by the HAG members relating to business interruption losses suffered as a result of the lockdown imposed by the UK Government between March and July 2020 in response to the COVID-19 pandemic.
Along with seven other insurers, Hiscox participated in the industry test case, commenced by the Financial Conduct Authority to gain certainty on specific issues of law of general importance to the handling of business interruption claims arising out of the COVID-19 pandemic (the Test Case). The HAG also participated in the Test Case which was determined in a judgment of the Supreme Court in January 2021 (the Supreme Court Judgment).
Private arbitration proceedings were brought by the HAG against Hiscox in 2020 to determine matters between the parties not resolved by the Test Case. The HAG was funded by Harbour from the outset. The settlement is in line with the Supreme Court Judgment and the proceedings have now been resolved to the mutual satisfaction of all parties. The parties have agreed that the terms of the settlement are confidential.