Many companies still assume their chance to claim for pandemic-related losses has already expired. It hasn’t, but the window is closing.
If your insurance policy contains disease or denial-of-access wording (including “at the premises” (ATP) clauses, radius wordings or equivalents) you may still be able to recover significant losses.
We have already secured compensation for many clients and succeeded in numerous Covid-19 business interruption insurance claims (BII).
Most claims must be issued by March 2026, and any business that waits risks losing the right to recover entirely.
Which types of policy wording can cover COVID-19 losses?
Recent litigation has confirmed that several common wording types can respond to pandemic-related interruption, including:
- ATP disease clauses: triggered by a confirmed case of COVID-19 at the insured premises.
- Radius clauses: covering disease occurrences within a specified distance of the business.
- Denial-of-access / hybrid clauses: responding to government restrictions or public-health-driven access issues.
We’ve advanced successful claims under all of these provisions, including major ATP test cases across hospitality, leisure, beauty services and manufacturing.
Our track record in ATP and related litigation
ATP disputes have been a major battleground. Insurers initially resisted paying out, contending that policyholders must prove a COVID-19 case occurred precisely on their premises and directly caused closure.
Key decisions including the Why Not Bar & Lounge Ltd appeal have now dismantled that argument. Courts confirmed that ATP clauses should be interpreted using the same broad and practical causation principles applied to other disease wordings.
This shift unlocked recovery routes for hundreds of businesses previously told they had “no viable claim”. Hugh James has led the way, winning ATP and denial-of-access cases against several major insurers.
A standout example: a £7.5 million arbitration award under the widely used “Salon Gold” policy for hair and beauty businesses.
Why you should take action now
- The legal position now strongly favours policyholders.
- The March 2026 limitation deadline is approaching rapidly.
- Many businesses have never had their policies properly reviewed or were incorrectly told they had no cover.
- With specialist advice, viable claims can still be brought and won.
Even if your wording isn’t ATP-based, we can assess it quickly. We’ve succeeded across multiple cover types.
What to do next to protect your claim
- Review your policy
- Look for references to disease, notifiable disease, prevention of access or loss of income due to public-health restrictions.
- Compile your evidence
- Documentation around disease occurrence, local outbreaks, closure decisions, reduced trading or government restrictions will strengthen your claim.
- Seek expert advice early
- Early assessment gives you the time needed to issue proceedings before the deadline if required.
- Don’t miss March 2026: After that date, your claim will be time barred, no matter how strong it is you will not be able to pursue a claim against your insurer.
Why businesses choose us
- Proven success: leading Legal 100 law firm, involved in test litigation that has shaped the law in policyholder victories, with recoveries under various forms of BI cover.
- Hands-on experience: direct involvement in ATP test litigation and a long list of ATP and non-ATP successes against insurers.
- Sector breadth: representing clients across hospitality, retail, leisure and beauty services.
- End-to-end service: we manage policy review, claim preparation and litigation in-house.
- No win, no fee: We’ll handle your claim at no cost to you unless we’re successful.
Whatever your policy wording we can help.
Don’t let the clock run down
March 2026 will be here before you know it. The law is now clearer and far more favourable to policyholders than insurers would prefer.
If your business suffered losses during the pandemic, now is the time to act. We can review your wording, assess your prospects and move swiftly toward recovery.
