FCA's BI Test Case – Customer Mailing

The FCA is seeking legal clarity on BI claims during the Coronavirus (COVID-19) pandemic.

With the Coronavirus pandemic causing so much disruption, many customers have considered if they can claim for Business Interruption (BI). We know this is a difficult time for them, and it may be stressful for you too – we appreciate you’re handling more enquiries than usual.

Unfortunately, there’s a lot of variation in the types of BI cover provided by different insurers, and the wordings of that paperwork are necessarily complex. This has led to concerns about a lack of clarity.

FCA BI Test Case

As you are most likely aware, the Financial Conduct Authority (FCA) has asked that insurers make policyholders (with non-damage BI claims) aware that the FCA is seeking legal clarity through the means of a ‘test case’. The outcome of the test case aims to resolve any contractual uncertainty around the validity of BI claims.

To ensure we are doing the right thing for our customers, and in accordance with the FCA’s requirements, we’ve completed a comprehensive review of all non-damage BI policy wordings. We remain confident that our handling of claims during this difficult time has been fully aligned to our policy wordings and that our customers have been treated fairly.

Informing your customers

We’ll be writing to our policyholders with COVID-19 related non-damage BI claims about the FCA test case by 15 July 2020 and whether or not it impacts their claim or their related complaint. Please encourage your customers to read it.

Here are some examples of those letters:

Please visit the FCA’s website for more information.