News & Analysis as of

Insurance Litigation Financial Conduct Authority (FCA) United Kingdom

Skadden, Arps, Slate, Meagher & Flom LLP

A Deep Dive Into Intermediary Remuneration as the UK Supreme Court Considers Its Legality

Is payment to an intermediary, not by its client but by the financial service provider, an illegal inducement or a legitimate distribution cost? In Hopcraft, the UK Supreme Court will consider this perennial question. The...more

Morgan Lewis

COVID-19: Policyholders’ Claims Against Insurers Get Boost After FCA Test Case

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The UK Supreme Court issued a policyholder-friendly decision earlier this year on the Financial Conduct Authority’s business interruption test case. The judgment will apply to policyholders’ claims on a case-by-case basis....more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - March 2021

BCLP on

The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1 - What was it about? ..The Supreme Court gave its view on various business interruption insurance policy clauses. ..The case was...more

Morgan Lewis

Orient-Express Overturned: Next Stop Is Less Friendly for UK Insurers

Morgan Lewis on

The UK Supreme Court in the Financial Conduct Authority’s business interruption test case has overturned a decade-long standing judgment relating to causation and how the “trends” clauses should be interpreted....more

Zelle  LLP

The Financial Conduct Authority v. Arch and Others [2021] UKSC 1 (“the FCA Test Case”)

Zelle LLP on

On 15 January 2021 the UK Supreme Court handed down its highly anticipated judgment in the FCA Test Case. The COVID-19 pandemic has forced the UK Government to introduce public health measures which have resulted in...more

McCarter & English, LLP

UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance...more

Morrison & Foerster LLP

COVID-19 Business Interruption Insurance Test Case: UK Supreme Court Promises Policyholders Pandemic Payday

The Financial Conduct Authority (“FCA”) has succeeded in its “leapfrog” appeal to the Supreme Court in its test case seeking urgent clarity as to the requirement of insurance companies to pay policyholders for business...more

Morgan Lewis

UK Supreme Court Provides Policyholders an Antidote to Business Interruption Losses

Morgan Lewis on

This LawFlash provides a summary of the UK Supreme Court’s final decision in the FCA Business Interruption test case. The judgment is more policyholder friendly than the High Court judgment, particularly in relation to...more

Hogan Lovells

The Supreme Court decides on COVID-19 business interruption coverage – What does this mean for real estate?

Hogan Lovells on

The Supreme Court has dismissed insurers’ appeals and substantially allowed the FCA’s appeal in the conclusion of the FCA test case litigation. The result means significantly greater coverage of claims and the focus will now...more

Jones Day

English Supreme Court Confirms Broad Application of Business Interruption Policies to COVID-19 Losses

Jones Day on

The latest ruling by the UK's Supreme Court is a victory for policyholders. Following the High Court's September 2020 Judgment in the COVID-19 Business Interruption Test Case ("Test Case") brought by the UK Financial Conduct...more

K&L Gates LLP

COVID-19: Insurance - The UK Supreme Court Judgment Brings Positive News for Policyholders in the FCA's Business Interruption Test...

K&L Gates LLP on

BACKGROUND TO THE TEST CASE - Following a four day hearing in November 2020, the UK Supreme Court has handed down the appeal judgment in the test case brought by the Financial Conduct Authority (FCA) on behalf of UK based...more

Dorsey & Whitney LLP

UK Supreme Court decides important judgment on Business Interruption Insurance

Dorsey & Whitney LLP on

The Supreme Court has delivered its judgment today in the landmark business interruption insurance test case brought by the Financial Conduct Authority (“FCA”). The ruling is important for business interruption policy...more

BCLP

Supreme Court hands down its judgment in the COVID-19 Business Interruption Insurance Test Case

BCLP on

The UK Supreme Court in the Test Case on Business Interruption Insurance brought by the FCA on behalf of policyholders has decided that the FCA’s appeal (on behalf of policyholders) should be substantially allowed, with...more

Cooley LLP

Blog: Supreme Court Finds in Favour of Policyholders in FCA COVID-19 Test Case

Cooley LLP on

This morning the Supreme Court handed down its judgment in the FCA COVID-19 test case, heard on a leapfrog appeal (bypassing the Court of Appeal) from the first instance decision of Lord Justice Flaux and Mr. Justice Butcher....more

BCLP

What to expect from the FCA Test Case appeal to the Supreme Court

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On 16 November all eyes will turn to the Supreme Court as a 4-day hearing commences to determine the appeals of the FCA, the Hiscox Action Group, and six of the original eight insurers who were party to the FCA’s Test Case. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more

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