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: 07 October 2021

Financial Conduct Authority (“FCA”) Business Interruption Test Case

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 bringing a sample of disputed policy wordings for an independent review 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. The High Court judgment was subsequently appealed and heard by the Supreme Court on 16-19 November 2020.

On 15 January 2021 the Supreme Court handed down its judgment in the Test Case. This completes the legal process for impacted policies.

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 insurance policy covers them for losses arising from COVID-19.

DTW1991 is now actively reviewing what is a complex decision and, in particular, what it means for our policyholders.

We are writing to all customers who have made a business interruption claim, where their wording is affected by the Supreme Court decision in the Test Case, to confirm next steps.

 

Frequently Asked Questions

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

We are writing to all customers who have made a business interruption claim where their wording is affected by the Test Case to confirm next steps.

Not all DTW1991 policy wordings are impacted by the Test Case. We have previously contacted customers directly to confirm whether their claim or complaint may be affected by the judgment of the High Court. If your claim or complaint remains not affected by the judgment of the Supreme Court  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 your claim against the Supreme Court judgment in the Test Case and will contact you with our assessment and what further action you need to take.

 

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

If you wish to submit 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 you bought your policy from 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.

 

How do I find out further information about the final decision in the he FCA test case?

You can find further information on the FCA website 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.

How can I contact you about the FCA test case?

For general enquiries: Customer@dtw1991.com