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7 February 2023 | Comment | Article by Erich Kurtz

Hugh James Business Interruption test case to be heard in the High Court in April

The case is to be heard alongside other claimants including the lead case ‘The London International Exhibition Centre v Royal & Sun Alliance Insurance’ which has been listed in the Lawyer’s ‘Top 20 Cases of 2023’.

Erich Kurtz, Senior Associate in the Financial Mis-Selling team is representing ‘Why Not Bar’ in a business interruption claim against Zenith Insurance PLC & QIC Europe Limited.

The COVID-19 pandemic had a devastating effect on businesses having to temporarily close as a result of national lockdowns imposed by the UK Government. A number of insurance providers refused to pay out policy holders with business interruption insurance.

In January 2021, the Supreme Court handed down a positive ruling to Claimants with business interruption policies which contained a clause in relation to losses caused by COVID-19 occurring within a specified radius. However, no decision was made on insurance clauses covering the occurrences of diseases ‘at the premise’.

Hugh James is one of six other lawsuits to be heard in the High Court which will seek to resolve the contested ‘at the premises clause’. A positive decision could lead to potentially thousands of other policy holders being able to recoup damages for unpaid ‘at the premises disease’ business interpretation clauses which they were entitled to.

Richard Chapman QC and David Hoffman of 18 St John Street Chambers, Manchester are instructed.

If your business has suffered loss as a result of the Coronavirus crisis and you are concerned that your insurance provider has wrongly refused your business interruption claim, we would strongly suggest that you seek legal advice on your position.

Our Financial Mis-Selling team is ready to help and advise on how this ruling may assist your business. If you need advice on your position, then please do not hesitate to contact us

Author bio

Erich joined Hugh James in 2021 as a Senior Associate in the Financial Mis-Selling team. He specialises in recovering compensation relating to regulated and unregulated investments, insurance, consumer credit agreements, pensions, mortgages and other financial products.

Erich has specialised in complex multi-claimant litigation, with a strong track record of leading financial group litigation cases.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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