header-logo header-logo

COVID-19: insurer wins ‘disease’ clause dispute

01 May 2024
Issue: 8069 / Categories: Legal News , Insurance / reinsurance
printer mail-detail

A Sunderland restaurant is unable to use a ‘disease’ clause in its insurance policy to cover business lost during the COVID-19 pandemic, the Court of Appeal has confirmed

The proprietor of Bellini claimed under a clause providing ‘business interruption—cover extensions’, which promised to ‘indemnify you in respect of interruption of or interference with the business caused by damage… arising from… any human infectious or human contagious disease… an outbreak of which the local authority has stipulated shall be notified to them manifested by any person whilst in the premises or within a 25-mile radius’.

Dismissing Bellini’s appeal, however, in Bellini (N/E) Ltd v Brit UW Ltd [2024] EWCA Civ 435, the court upheld the High Court’s earlier ruling that the clause only covered the restaurant for damage. Therefore, the restaurant had no claim.

The restaurant had sought to argue the clause, clause 8.2.6, ‘was an absurdity’ since the word ‘damage’ made no sense. Bellini contended the court could choose to rewrite the policy in the most sensible way in accordance with the obvious intention of the parties, for example, as reading ‘in consequence of the insured perils’.

The insurer countered that such an approach was impermissible, even if it was hard to imagine how liability could arise.

Delivering the main judgment, Sir Geoffrey Vos, Master of the Rolls, said: ‘I do not think that anything has gone wrong with the language of clause 8.2.6, whether obviously or at all… It is all about business interruption losses of various kinds caused by physical damage. It is not and cannot reasonably be interpreted as a non-damage cover of any kind. So far from being absurd, that is just what a fair reading of the policy to a reasonably informed small-business-owning policyholder would lead them to conclude.’

Issue: 8069 / Categories: Legal News , Insurance / reinsurance
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll