Oaxaca Limited t/a Wahaca v QIC Europe Limited

Oaxaca Limited t/a Wahaca v QIC Europe Limited

Summary judgment on the coverage issue is refused because there are unresolved factual and evidential issues regarding loss and the occurrence of COVID-19 in the immediate vicinity of the premises. Summary judgment is granted on the construction issue only, with permission to appeal, as the point is closed at this level but arguable at a higher level. The application for interim payment fails because the court is not satisfied on the evidence that the claimants would obtain judgment for a substantial amount of money at trial.

Parties
Claimant: Oaxaca Limited T/A Wahaca; Defendant: QIC Europe Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (commercial Insurance) / Summary Judgment Application and Interim Payment Application
Outcome
Summary judgment on coverage refused; summary judgment on construction issue granted with permission to appeal; interim payment application refused.
Legal Topics
Business Interruption Insurance, COVID 19 Related Claims, Policy Construction, Summary Judgment, Interim Payment
Insurance Law Contract Law Civil Procedure Business Interruption Insurance COVID 19 Related Claims Policy Construction Summary Judgment Interim Payment

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Parties

Oaxaca Limited T/A Wahaca

Claimant

QIC Europe Limited

Defendant

Procedural Posture

Civil (commercial Insurance) / Summary Judgment Application and Interim Payment Application

Legal Issues

  1. 1 Whether the claimants are entitled to summary judgment on the construction of the business interruption insurance policy (NDDA clause) in relation to COVID-19 related losses
  2. 2 Whether the claimants are entitled to summary judgment on coverage under the policy for business interruption losses
  3. 3 Whether the claimants are entitled to an interim payment under CPR r 25.7

Ratio Decidendi

Summary judgment on the coverage issue is refused because there are unresolved factual and evidential issues regarding loss and the occurrence of COVID-19 in the immediate vicinity of the premises. Summary judgment is granted on the construction issue only, with permission to appeal, as the point is closed at this level but arguable at a higher level. The application for interim payment fails because the court is not satisfied on the evidence that the claimants would obtain judgment for a substantial amount of money at trial.

Court Disposition

Summary judgment on coverage refused; summary judgment on construction issue granted with permission to appeal; interim payment application refused.

Orders

  • Summary judgment on the construction issue granted in favour of the claimants with permission to appeal.
  • Summary judgment on the coverage issue refused.