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Issue 67 | January 2021

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
'Sorry to Interrupt': Business Interruption Insurance During the Pandemic

One issue currently facing businesses dealing with the impact of the pandemic is business interruption insurance (if they have some coverage). This is not just a Canadian issue as it is being discussed and litigated in the U.S., U.K. and elsewhere. For those of you who may be dealing with such a claim for a client, the U.K. Supreme Court recently released its decision in a test case that looked at a representative sample of business interruption policies available in the U.K.  – FCA v. Arch Insurance (UK) Ltd., [2021] UKSC 1.

As with any insurance claim, it is always important to review one’s specific policy. Though the Court in FCA found in favour of coverage, the decision may have limited applicability here because U.K. coverages differ in several respects to that available in Canada. But FCA is, nonetheless, a significant ruling that could influence and guide a Canadian court considering COVID-19 related business interruption claims.

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