Hugh James is working alongside RLK Solicitors to pursue coordinated litigation against six insurers on behalf of businesses seeking payment of Covid-19 business interruption claims under ‘at the premises’ insurance cover.
For the businesses we represent, the financial impact of the pandemic remains far from a distant memory. Our work continues to focus on helping policyholders resolve outstanding claims and obtain the compensation they contend is due under their policies.
The litigation concerns policies issued by Intact (formerly RSA), HDI in respect of former Accelerant policies, Allianz, AXA XL, Liberty Mutual and Ageas. It brings together businesses whose claims raise questions about the manifestation, occurrence or discovery of Covid-19 at their insured premises.
Building on our work for policyholders
This latest work follows Hugh James’ representation of Why Not Bar & Lounge Ltd in the successful 2024 Court of Appeal ‘at the premises’ litigation. As we reported at the time, that judgment was an important step in providing greater certainty for businesses with this type of insurance cover.
Our current litigation focuses on outstanding issues affecting the assessment of individual claims. In particular, the proceedings seek clarity on the evidence required to establish that Covid-19 manifested, occurred or was discovered at insured premises under the relevant policy wording, including in the early stages of the pandemic when diagnostic testing was not widely available.
These terms are not interchangeable. Different policies use different language, and each claim must be considered against its own wording and circumstances. The litigation does not assume that every policyholder’s position is the same.
A coordinated approach with RLK Solicitors
Hugh James and RLK Solicitors are working closely together to advance the claims in the High Court’s Commercial Court. By coordinating our work, we aim to avoid unnecessary duplication and progress common issues efficiently, while recognising the individual circumstances of each business.
Proceedings have been issued and served. We are seeking case management directions and have proposed that selected lead claims proceed to trial on liability, with the intention that the Court’s findings will help inform the assessment of other claims within the wider cohort. That proposed approach remains subject to the Court’s directions.
Our focus remains on progressing the litigation proportionately and seeking clarity for businesses whose insurance claims remain unresolved.
What might this mean for your business?
Businesses that held business interruption insurance with Intact/RSA, HDI under former Accelerant policies, Allianz, AXA XL, Liberty Mutual or Ageas during the pandemic may recognise some of the issues being considered in these proceedings.
If your business suffered losses and your claim was declined or remains unresolved, particularly because of questions about Covid-19 at your premises, it may be worth taking advice on your individual position.
Holding a policy with one of these insurers does not, by itself, establish a valid claim. The policy wording, available evidence, claims history and applicable time limits all need careful consideration. Equally, a previous rejection should not be treated as a substitute for an individual assessment of whether any options remain available.
Time limits are particularly important. The key limitation dates for claims relating to lockdown 1, lockdown 2 and lockdown 3 are 20 March 2026, 5 November 2026 and 6 January 2027[DB1.1] respectively. The first two dates have now passed, and the third is approaching. Businesses with unresolved claims relating to lockdown 3 should therefore seek advice promptly, rather than wait for the outcome of the ongoing litigation.
These dates should not be treated as a definitive assessment of any individual claim. The applicable limitation position, including whether a claim has already been protected, must be considered on a case-by-case basis. Contacting our team does not itself protect a claim or stop time running.
