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England and Wales decisions
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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.
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 Tribunal dismissed an FOIA appeal over Prime Minister Boris Johnson’s ministerial diaries, holding the Cabinet Office could refuse the request as vexatious under section 14(1).
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'.
Source excerpt
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.
Liberty Mutual Insurance Europe SE & Ors v Bath Racecourse Company Ltd & Ors [2025] EWCA Civ 153 (21 February 2025)
The Court of Appeal held that composite-policy limits applied per insured, not in aggregate, and that CJRS furlough payments were deductible under the policies’ savings clauses.
Reg.12(7) 2018 Regs entitles a traveller to terminate a package travel contract without paying a termination fee if, at the date of cancellation, unavoidable and extraordinary circumstances are occurring at the destination and significantly affect performance of the package; no causation or reasons test applies; COVID-19 pandemic in Barcelona on 1st April 2020 constituted such circumstances and significantly affected the package, so the claimant is entitled to a full refund.
Source excerpt
Court of Appeal held the Secretary of State was not a “policing authority” under an NDDA insurance clause, so Covid-19 closure claims failed.
International Entertainment Holdings Ltd & Ors v Allianz Insurance Plc [2024] EWCA Civ 1281 (28 October 2024)
Court of Appeal held the Secretary of State was not a “policing authority” under an NDDA business interruption clause, so the Covid-19 claims failed.
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