header-logo header-logo

01 May 2024
Issue: 8069 / Categories: Legal News , Insurance / reinsurance
printer mail-detail

COVID-19: insurer wins ‘disease’ clause dispute

A Sunderland restaurant is unable to use a ‘disease’ clause in its insurance policy to cover business lost during the COVID-19 pandemic, the Court of Appeal has confirmed

The proprietor of Bellini claimed under a clause providing ‘business interruption—cover extensions’, which promised to ‘indemnify you in respect of interruption of or interference with the business caused by damage… arising from… any human infectious or human contagious disease… an outbreak of which the local authority has stipulated shall be notified to them manifested by any person whilst in the premises or within a 25-mile radius’.

Dismissing Bellini’s appeal, however, in Bellini (N/E) Ltd v Brit UW Ltd [2024] EWCA Civ 435, the court upheld the High Court’s earlier ruling that the clause only covered the restaurant for damage. Therefore, the restaurant had no claim.

The restaurant had sought to argue the clause, clause 8.2.6, ‘was an absurdity’ since the word ‘damage’ made no sense. Bellini contended the court could choose to rewrite the policy in the most sensible way in accordance with the obvious intention of the parties, for example, as reading ‘in consequence of the insured perils’.

The insurer countered that such an approach was impermissible, even if it was hard to imagine how liability could arise.

Delivering the main judgment, Sir Geoffrey Vos, Master of the Rolls, said: ‘I do not think that anything has gone wrong with the language of clause 8.2.6, whether obviously or at all… It is all about business interruption losses of various kinds caused by physical damage. It is not and cannot reasonably be interpreted as a non-damage cover of any kind. So far from being absurd, that is just what a fair reading of the policy to a reasonably informed small-business-owning policyholder would lead them to conclude.’

Issue: 8069 / Categories: Legal News , Insurance / reinsurance
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll