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The Supreme Court’s decisions have effectively widened the scope of cover available to policyholders, applying an even broader interpretation than the already generous application of the High Court. (Credit: Eag1eEyes/Shutterstock) The Supreme Court’s decisions have effectively widened the scope of cover available to policyholders, applying an even broader interpretation than the already generous application of the High Court. (Credit: Eag1eEyes/Shutterstock)

In January, the U.K. Supreme Court handed down its judgment in the leapfrog appeal of the Financial Conduct Authority (FCA) business interruption insurance test case. Although the lower court had largely found in favor of the FCA, both Insurers and the FCA appealed on various issues.

The Supreme Court broadly accepted the FCA appeals (with some qualifications). The outcome of this decision means that all insuring clauses that were being considered in the appeal will provide cover for losses caused by COVID-19, and these losses will not be reduced by reference to any COVID-19-related losses that occurred prior to policies being triggered.

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