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The much anticipated decision of the UK Supreme Court in a test
case addressing insurance coverage issues arising in connection
COVID-19 business interruption ( BI ) claims was handed
down on January 15, 2021 in
FCA v. Arch Insurance (UK)
Ltd., [2021] UKSC 1. The ruling favoured insureds, with
the Supreme Court unanimously dismissing appeals brought by
insurers and allowing all four of the appeals (two on a qualified
basis) brought on behalf of insureds.
Proceedings were brought by the Financial Conduct Authority
( FCA ) last year under the Financial Markets Test Case
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 Authority ( FCA ), the UK s Supreme Court ruled on 15 January 2021, that all the insuring clauses reviewed will provide cover for business interruption caused by the COVID-19 pandemic. This is the final word on the meaning of the various business interruption clauses considered.
While there are ongoing disputes between policyholders and insurers regarding whether COVID-19 causes physical loss or damage (for policies containing such cover), the Test Case was brought to clarify whether there is insurance cover in principle for COVID-19 related losses under a variety of other common business interruption policy wordings concerning the presence of notifiable disease and/or denial of access due to Government measures. The policy wordings under review are set out i
Lockerbie bombing: Megrahi s posthumous appeal rejected by Scottish judges
Five Scottish judges have upheld the 2001 verdict against Abdelbaset Ali Mohmed Al Megrahi, the only person convicted for the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, which killed 270 people.
Last week s decision is the second time an appeal on Megrahi s behalf has been rejected by the courts amid the continued suppression of contradictory evidence.
In 2002, an initial appeal was thrown out. In 2009, Megrahi, already terminally ill, was tacitly offered release from Greenock prison on compassionate grounds if a contemporary appeal was dropped as part of rapprochement between the Libyan and British governments. The most recent appeal was launched by Megrahi s son, Ali Al-Megrahi, to clear his father s name posthumously.