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Is Business Interruption Insurance Available to Your Business?

Date: 06/07/2020 | COVID-19, Dispute Resolution

At Davidson Chalmers Stewart, one of the questions we have been asked about by our clients since lockdown is whether they have a claim under their insurance policies for losses arising from business interruption. 

We took a detailed look at that question in a previously published article which you can read here.

Many policies will not pay out for Covid-related disruption but some policies will. We have been instructed to pursue insurance companies where the terms of the policy suggest cover is available. Insurers are, in our experience, moving too slowly to consider these claims and it is likely that court action will be necessary to get policies to pay out. In England, test cases are now being brought to determine the issue and it is likely that Scottish cases will be brought very soon.

The starting point here is for you to consider the terms of your policy closely if you think cover is available. We can assist with the review of your policy and, subject to sight of the paperwork, will do this on a fixed fee basis. If we consider cover is available, we can advise you on how best to pursue that claim within that initial review and agree a competitive fee structure with you before proceeding.

If you would like us to provide you with an expert overview of your claim against your business interruption policy, please contact our Dispute Resolution team for further information.

Disclaimer 
The matter in this publication is based on our current understanding of the law.  The information provides only an overview of the law in force at the date hereof and has been produced for general information purposes only. Professional advice should always be sought before taking any action in reliance of the information. Accordingly, Davidson Chalmers Stewart LLP does not take any responsibility for losses incurred by any person through acting or failing to act on the basis of anything contained in this publication.


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