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England and Wales decisions
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The High Court determined preliminary issues in a COVID-19 business interruption dispute over policy construction, notification, causation, and estoppel.
Grimes (t/a The Cleveland Arms) & Ors v Liberty Mutual Insurance Europe SE [2026] EWHC 1195 (Comm) (20 May 2026)
Commercial Court preliminary issues in COVID-19 business interruption claims concerning policy construction, causation, notification, and estoppel.
The UK Supreme Court held that CJRS furlough payments must be deducted under business interruption savings clauses because they reduced expenses and were caused by the insured peril.
The defined term 'Disease' in the Policy is exhaustive and limits coverage under the Infectious Diseases extension to the 33 listed diseases, which does not include COVID-19. The exclusion for AIDS or AIDS-related conditions does not expand the scope of cover or create ambiguity. The ordinary and natural meaning of the Policy does not extend business interruption cover to COVID-19.
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The Members of the Probitas Syndicate 1942 at Lloyd's for the 2022 Underwriting Year of Account v Pro 2 Care Ltd [2025] EWHC 1921 (Comm) (25 July 2025)
The High Court held this policy did not provide business interruption cover for a delayed opening of a care home, but allowed the section 13A delay claim to proceed.
Bath Racecourse Company Ltd & Ors v Liberty Mutual Insurance Europe SE & Ors [2025] EWHC 1870 (Comm) (22 July 2025)
The Commercial Court held that the BHA and GBGB were competent authorities under a COVID-19 business interruption policy and addressed how the policy’s any-one-loss limit applied.
Commercial Court decision on COVID-19 BI cover holding BHA and GBGB were competent authorities, with separate loss calculations per facility and no arbitration stay.
The causation requirement for 'at the premises' disease/hybrid clauses is satisfied if government action was taken in response to cases of COVID-19 which included at least one at the premises, regardless of whether the authority knew of the specific occurrence. The insured peril does not require knowledge or reporting of the occurrence at the premises. Cover does not extend to pre-notifiability occurrences. 'Medical Officer of Health' and 'Public Authority' are not limited to local authorities. In the Mayfair policy, 'suffered' means 'occurred or sustained', not 'manifested'.
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Carbis Bay Hotel Ltd & Anor v American International Group Ltd [2025] EWHC 1041 (Comm) (09 May 2025)
The High Court held that a business interruption policy’s infectious diseases extension was limited to the policy’s closed list of diseases and did not cover COVID-19.
The Court of Appeal held that composite business interruption policy limits applied per insured, and that CJRS furlough payments had to be credited under the savings clauses.
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