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picture1_Letter Pdf 44364 | Bi Insurance Test Case List Policies Capable Responding Covid 19


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File: Letter Pdf 44364 | Bi Insurance Test Case List Policies Capable Responding Covid 19
list of business interruption insurance policies capable of responding to the covid 19 pandemic 16 august 2021 on 17 june 2020 we published finalised guidance for insurers on the business ...

icon picture PDF Filetype PDF | Posted on 17 Aug 2022 | 3 years ago
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                                                                                           LIST OF BUSINESS INTERRUPTION INSURANCE POLICIES  
                                                                                            CAPABLE OF RESPONDING TO THE COVID-19 PANDEMIC 
                                                                                                                                    16 August 2021 
                          On 17 June 2020 we published finalised guidance for insurers on the business interruption (‘BI’) insurance test case (‘Test Case’). We asked insurers to 
                          review relevant non-damage business interruption policies to determine whether the claims outcome may be affected by the final resolution of the Test 
                          Case. We published insurers’ lists of affected policies as submitted to the FCA on Friday 10 July 2020 (‘July Submission’). 
                          On 22 January 2021 we sent a Dear CEO letter to insurers impacted by the Test Case. In this letter, we set out our intention to send an information request 
                          to insurers for updated details of all non-damage BI policies that are, in principle, capable of responding to the Covid-19 pandemic following the Court 
                          judgments. Insurers were asked to include:  
                              i)             all relevant non-damage BI policies that the insurer indicated in its July submission were affected by the Test Case; and 
                             ii)             any relevant non-damage BI policy that it previously did not include in the July submission, or had assessed as not affected, that it now 
                                             deems to be affected by the outcome of the Test Case. 
                          Insurers provided their updated lists of affected policies and on 12 March 2021 we published an updated list of policies as submitted to us.  
                          Since then, we have been engaging with insurers and asking for policies to be added to the list to bring completeness and consistency for policyholders, 
                          with the updated list intended to include all non-damage BI policies, in principle, capable of responding to the Covid-19 pandemic in at least some 
                          circumstances, rather than only those which are the same or similar to a wording in the representative sample of policy wordings considered in the Test 
                          Case. As part of this, we have now asked insurers to include wordings where they had accepted cover prior to the Test Case as well as disease ‘at the 
                          premises’ wordings, which is a type of wording that was not in the representative sample of wordings considered in the Test Case. 
                          Inclusion in this list does not mean that the outcome on any particular claim for the below policy wordings will be affected or that a particular 
                          policyholder will have a valid claim. Each policy wording and policyholder’s circumstances will need to be considered on a case by case basis, including to 
                          determine how much is payable. In particular, where the policy contains a disease clause responding to Covid-19 ‘at the premises’ and does not also include 
                          cover for Covid-19 occurring within a radius of the premises, a policyholder will need to prove (as a minimum) that Covid-19 occurred at their premises at 
                          the relevant point in time to have a potentially valid claim. This may present a significant challenge due to the lack of community Covid-19 testing, 
                          particularly at the outset of the pandemic.   The list is in the form submitted to the FCA by the relevant firms. 
                          Where a policy is not included on this list, this may be for a number of reasons including but not limited to the policy wording being of a type that is still 
                          not capable of responding to the Covid-19 pandemic after the conclusion of the Test Case and the Supreme Court judgment (e.g. containing an exhaustive 
        list of diseases only or where the policy contains a relevant exclusion clause which was not tested). The list does not include policy wordings which are only 
        held by fewer than 5 policyholders. 
        Our January Dear CEO letter asked insurers to communicate directly and as soon as possible with policyholders who have made claims/complaints that are 
        potentially affected by the Supreme Court judgment to explain the next steps. If you are uncertain why your policy has not been included in this list or you 
        have any other queries regarding your non-damage BI policy, please refer to the communication you have received from your insurer or broker or contact 
        them directly. If you are unhappy with your insurer’s response, you can take eligible complaints to the Financial Ombudsman Service, or alternatively could 
        pursue issues through negotiated settlement, arbitration or court proceedings as a private party. 
        Policyholders may refer to the FCA’s BI webpage under the heading “FCA Guidance and Statements for Policyholders” for more information. 
        The policies listed below cover over 200,000 policyholders. 
        The policy wording names included in the below list are as submitted by the insurer. 
         
                       
               Insurer                          FRN            Policy wording 
                
               Accredited Insurance (Europe)    608422         CCEP011119 Commercial Combined Insurance 
               Ltd 
               Ageas Insurance Limited          202039         Pen SME - Commercial Combined 
               Ageas Insurance Limited          202039         Bellegrove - Direct Motor Trade 
               Ageas Insurance Limited          202039         Ceta - Shop 
               Ageas Insurance Limited          202039         CIS - Classic and Specialist Motor Trade 
               Ageas Insurance Limited          202039         Commercial Guard - Leisure 
               Ageas Insurance Limited          202039         Commercial Guard - Homeworkers 
               Ageas Insurance Limited          202039         Commercial Guard - Office & Surgery 
               Ageas Insurance Limited          202039         Commercial Guard - Shopkeepers (including Operators) 
               Ageas Insurance Limited          202039         Powerplace - Shops 
               Ageas Insurance Limited          202039         Simply Business - Commercial Guard Small Business 
               Ageas Insurance Limited          202039         Scrutton Bland - Insurance for the Third Sector 
               Ageas Insurance Limited          202039         Marsh Pro Broker endorsement Z274 (added to Combined Policies) 
               Ageas Insurance Limited          202039         Powerplace - Pubs and Restaurants 
               Ageas Insurance Limited          202039         Simply Business - Optima Small Business 
               Ageas Insurance Limited         202039         Geo Holiday Homes 
               Ageas Insurance Limited         202039         Geo - Smith and Pinching Property Owners 
               Ageas Insurance Limited         202039         Magenta Holiday Home 
               Aioi Nissay Dowa Insurance UK  816870          Toyota Centre Policy 
               Limited 
               Allianz Insurance plc           121849         Marsh Resilience 
               Allianz Insurance plc           121849         Marsh Resilience RE 
               Allianz Insurance plc           121849         Lockton Asset II 
               Allianz Insurance plc           121849         AJG RE 
               Allianz Insurance plc           121849         JLT RE 
               Allianz Insurance plc           121849         SB Legacy/Free Format ND clauses  
               Allianz Insurance plc           121849         Free format NDDOA - Group A 
               Allianz Insurance plc           121849         Hamilton Fraser 
               Allianz Insurance plc           121849         SB Legacy/Free Format ND clauses 
               ARCH INSURANCE (UK) LTD         229887         Commercial Combined (Acturis) 
               ARCH INSURANCE (UK) LTD         229887         Commercial Combined (OGI) 
               ARCH INSURANCE (UK) LTD         229887         Hotels and Guest House (Powerplace) 
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