Discussing the Supreme Court Business Interruption Insurance Ruling

Panellists will discuss the outcome of the FCA’s Business Interruption Case for SMEs and Insurers.
The panel will then discuss the legal and practical implications of the recent Supreme Court judgment for the small business community.
We will begin by setting out the premise of the case and how it came to be, including the arguments advanced by the Financial Conduct Authority and the Defendant Insurers.
We will then explore the various kinds of business interruption insurance extensions (disease clauses, prevention of access clauses and hybrid clauses) that were assessed in the case and the intended remit of those clauses, before moving on to discuss the decision of the High Court and outline the matters that went up to appeal.
The panel will go on to discuss the outcome of appeal to the Supreme Court, in particular the practical implications of the decision to overrule the case on Orient Express on Trends Clauses.

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