Cv19

COVID-19 – Help and guidance for commercial insurance customers

The information below relates to business insurance policies underwritten by Syndicate DTW1991 at Lloyd’s

Page last updated: 18 November 2020

FCA Test Case Judgement

On the 1st May 2020 the FCA announced plans to obtain legal clarity on the interpretation of certain Business Interruption policies in relation to COVID-19 claims. This involved a sample of disputed policy wordings being reviewed by a UK Court. The Test Case was heard by the High Court at the end of July. Following the court hearing in July, the High Court published its judgment on 15 September 2020. 

Details of the judgment can be found here

We recognise the adverse impact that COVID-19 is having on businesses, and that customers who have made Business Interruption claims on policies that are affected by the Test Case are keen to understand if their policy covers them for losses arising from COVID-19.

Following the judgment in the Test Case an appeal has been lodged. The appeal will be heard in the Supreme Court from 16 November 2020. The hearing is expected to last for 4 days and the judgement will be published some weeks after that.  The appeal means we cannot provide a decision on your claim or complaint until the Test Case process is concluded.

Frequently Asked Questions

My claim was rejected, what do I need to do?

We have written to all customers who have made a Business Interruption claim where their wording may be affected by the Test Case to confirm next steps. If you have any queries about your claim please contact your nominated claim handler whose contact details will have been provided to you.

Not all DTW1991 policy wordings were included within the scope of the FCA Test Case. We have previously contacted customers directly to confirm if their claim or complaint may be affected by the outcome of the Test Case. If your claim is not affected by the Test Case we will not take any further action.

 

I have submitted a claim but have not yet had a decision on my claim

We will review and assess your claim.

If your claim may be affected by the Test Case we will let you know together with what you need to do next.

If your claim is not affected by the Test Case we will write to you with our decision.

 

I haven’t made a claim, how do I get in touch?

If you wish to make a claim for COVID-19 related Business Interruption please contact our claim handlers. Their details will be in your policy documentation. Alternatively your broker or the company from whom you bought your policy will be able to help you with notifying your claim.

Once we have received your claim, we will write to you to explain next steps.

 

How do I make a complaint?

If you are dissatisfied with any element of our or our partners’ service please contact us at complaints@dtw1991.com or call +44 (0)20 3923 3120.

Our office is currently closed so please don’t send any documents to our office address.

 

What do I need to do if I have previously made a complaint?

We have written to all customers who have made a complaint about their Business Interruption policy  where their policy may be affected by the Test Case to confirm next steps.

If your complaint is with Lloyd’s or the Financial Ombudsman for review, Lloyd’s will contact you to update you on your complaint.

You may contact Lloyd’s here.

 

How do I stay updated about the FCA test case?

The FCA’s website has useful information about the Test Case, should you wish to find out more, including about the recent High Court decision. You can find that further information at:

https://www.fca.org.uk/firms/business-interruption-insurance

You may wish to subscribe for email updates from the FCA on the FCA’s webpage.

In addition to the updates that we will provide you we will keep this page updated with key developments in the Test Case.

  • You can also visit the FCA’s business interruption hub for more information here.
  • You can also subscribe to email updates from the FCA on business interruption and the Test Case here.
  • The Financial Ombudsman’s guidance for business interruption claims can be found here.

In order to assist policyholders in understanding the High Court judgment, High Court declarations and the test case generally, the FCA has published the following documents: 

  • table setting out the appeal status and the most relevant declarations and paragraphs of the judgment according to policy type in the representative sample.
  • The representative sample of policy wordings with a contents page, which can be navigated to by clicking on the policy type in the table above (there is no other change to this document).
  • contents list for the High Court judgment.

How can I contact you about the FCA test case?

For general enquiries: FCATestCase@dtw1991.com