The case is to be heard alongside other claimants including the lead case ‘The London International Exhibition Centre v Royal & Sun Alliance Insurance’ which has been listed in the Lawyer’s ‘Top 20 Cases of 2023’.
Erich Kurtz, Senior Associate in the Financial Mis-Selling team is representing ‘Why Not Bar’ in a business interruption claim against Zenith Insurance PLC & QIC Europe Limited.
The COVID-19 pandemic had a devastating effect on businesses having to temporarily close as a result of national lockdowns imposed by the UK Government. A number of insurance providers refused to pay out policy holders with business interruption insurance.
In January 2021, the Supreme Court handed down a positive ruling to Claimants with business interruption policies which contained a clause in relation to losses caused by COVID-19 occurring within a specified radius. However, no decision was made on insurance clauses covering the occurrences of diseases ‘at the premise’.
Hugh James is one of six other lawsuits to be heard in the High Court which will seek to resolve the contested ‘at the premises clause’. A positive decision could lead to potentially thousands of other policy holders being able to recoup damages for unpaid ‘at the premises disease’ business interpretation clauses which they were entitled to.
Richard Chapman QC and David Hoffman of 18 St John Street Chambers, Manchester are instructed.
If your business has suffered loss as a result of the Coronavirus crisis and you are concerned that your insurance provider has wrongly refused your business interruption claim, we would strongly suggest that you seek legal advice on your position.
