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: 31 July 2020

 

Commercial insurance customers

We recognise the adverse impact that COVID-19 is having on businesses, and that customers with Business Interruption insurance are keen to understand if their insurance policy covers them for losses arising from COVID-19.

Does my policy provide cover with regard to COVID-19?

Whether you are covered will be determined by the circumstances of the claim and the terms and conditions set out in your policy documentation. This will include policy limits, excesses and any endorsements.

If you have any questions regarding your policy coverage and what may or may not be covered, please contact your insurance broker or the firm that issued your policy. They will be able to discuss your policy and its terms and conditions.

I think I have a claim, how do I get in touch?

If you have a DTW1991 policy and think you have a business interruption claim 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 the claims process.

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.

 

FCA 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 involves bringing a sample of disputed policy wordings for an independent review by a UK court.

The outcome of the test case will provide guidance for the interpretation of similar policy wordings and claims,

If you would like more information about the test case, the FCA have published further detail on https://www.fca.org.uk/firms/business-interruption-insurance

What do I need to do if I have made a claim?

If you have already made a claim, you do not need to do anything. DTW1991 will let you know if your claim may be impacted by the decision in the test case and, if it is, we will keep you updated about progress with the test case.

When the outcome of the test case is known, we will contact you to advise of its impact on your claim. If the position on your claim has changed, we will explain that and confirm what you need to do next.

If you haven’t yet made a claim, but now do so we will review your claim and let you know if we think it is covered. However we will not be able to make a final decision until the outcome of the test case is known.

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

If you have already made a complaint, you do not need to do anything. We will let you know if your complaint may be impacted by the decision in the test case and, if it is, we will keep you updated about progress with the test case.

When the outcome of the test case is known, we will contact you to advise you of its impact on your complaint. If the position on your complaint has changed, we will explain that and confirm what you need to do next.

If your complaint has already been escalated for review by the complaints team at Lloyd’s they will write to you to let you know if your complaint may be impacted by the test case.

If you haven’t yet made a complaint, but now do so, we will review your complaint and let you know our provisional decision. However, we will not be able to make a formal decision until the outcome of the test case is known.

You do not need to take any further action.

Timetable

The timetable for the test case is set out on the FCA website and can be found here.

The Test Case concluded at the High Court on 30 July and the court’s judgement is due to be published in mid-September, although if there are any appeals against the decision then it may take some further time before the final resolution of the issues. This could delay a final decision until, perhaps, the end of the year.

How do I stay updated about the FCA test case?

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: FCATestCase@dtw1991.com