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Navigating a course between general insurance and marine insurance - Insurance

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In brief - Queensland Supreme Court finds that, in the
circumstances, an excess policy was a marine policy subject to the
Marine Insurance Act
Insurance Contracts Act 1984 (Cth) does not apply to
contracts to which the
This was a critical issue considered by Justice Bond in the
Supreme Court of Queensland late in 2020 in the case of
The issue considered in this case is one which insurers are
often required to consider but which rarely reaches the courts for
consideration.
Court considers whether the excess policy was a marine policy ....

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Blog: The Supreme Court Takes up the Cause – The Judgment in the FCA COVID-19 Test Case on Business Interruption Insurance | Cooley LLP

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On 15 January 2021, the Supreme Court handed down its judgment in the FCA COVID-19 test case, heard on a “leapfrog” appeal (bypassing the Court of Appeal) from the first instance decision of Lord Justice Flaux and Mr Justice Butcher (see our previous blogs here and here ). The Supreme Court judgment can be accessed here.
The Supreme Court substantially allowed the appeals of the Financial Conduct Authority (“
FCA”) on behalf of the policyholders and dismissed the appeals of the insurers, and in doing so, has broadly endorsed (and in some cases extended) the finding at first instance that many of the policies in question provide cover, albeit for slightly different reasons. As part of its reasoning, the Supreme Court concluded that the ....

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