Updated: 28th September 2020
Covid 19 – FCA test case
The Court’s judgment was formally delivered on 15 September 2020.
As part of the Framework Agreement governing the Industry Test Case, the FCA and the eight insurers involved, including MS Amlin, agreed to have any appeal heard on an expedited basis, given the importance of the matter for so many policyholders. This included exploring the possibility of any appeal being a ‘leapfrog’ appeal to the Supreme Court. In order to preserve the ability of any appeal to proceed in this manner, MS Amlin has taken the necessary procedural step of applying to the High Court for a leapfrog certificate. We emphasise that MS Amlin has taken this step as a precautionary measure, and has not yet made a decision if it will seek to appeal.
We are aware that the FCA, and some of the other insurers who were party to the court case, have filed similar applications.
MS Amlin will communicate an update on the Industry Test Case to relevant policyholders after the hearing on 2 October, including any impact that an appeal may have on its ability to progress claims. We understand that the Covid-19 crisis has brought unprecedented challenges for business, individuals and the country as a whole, and we remain committed to continuing to work with brokers and policyholders to provide certainty as quickly as possible.
Update: 15th September
MS Amlin’s decision to voluntarily take part in the FCA’s BI Test Case was driven by our desire to bring greater clarity to clients and the industry regarding a series of diverse and complex business interruption claims triggered by an unprecedented, ongoing event. As expected, the judgment is highly complex and we look forward to working through the full detail in the coming days and communicating with those of our clients who are impacted. We understand that the Covid-19 crisis has brought with it unprecedented challenges for business, individuals and the country as a whole and we remain committed to continuing to work with our clients and the industry to provide certainty as quickly as possible.
MS Amlin will be communicating directly to policyholders affected by this judgment.
For more information on the case and judgment please visit the FCA website: www.fca.org.uk/firms/business-interruption-insurance.
In addition there is also useful information on the links below;
- The Association of British Insurers also provides information on its website;
- The Financial Ombudsman Service has published information online about business interruption cases;
On this page brokers and coverholders can access the most recent and relevant updates and announcements from MS Amlin, in response to the ongoing Covid-19 outbreak.
We are keeping a close eye on global developments and how this affects our partners as well as ourselves. As the situation evolves we will post any new updates and information here.
This page is not intended to replace your regular contact with our underwriters as you discuss any new and renewing business, but is intended to host centrally any market-wide communications.
If you believe a client has a valid claim under their policy, they should submit details of the claim and supporting documentation in accordance with the guidance contained in their policy document.
We remain committed to providing you with the service you would expect from us, however please understand if we take a little longer to respond to your queries at this time.
UK Covid-19 Risk Assessment
As the Coronavirus situation across the globe continues, our priority is to ensure the wellbeing of our employees, customers and suppliers As such, we will continue to monitor and follow Government and Public Health England advice daily. Please see below to learn about the measures we are actively taking to reduce the Risks to our employees, customers and suppliers by mitigating the spread of Coronavirus.'