News & Coverage Post

HIGA permitted to intervene in FCA’s Business Interruption (BI) test case

London’s High Court today granted HIGA – the hospitality sector-wide insurance action group – the right to intervene in the FCA’s test case, which concerns the extent of business interruption coverage afforded to policyholders affected by the UK government’s lockdown during the Covid-19 pandemic. The group acts for a number of QBE & Aviva policyholders, represented by Sonia Campbell of Mishcon de Reya.

Leading Counsel, Philip Edey QC, of Twenty Essex Chambers represented the HIGA group at today’s second case management conference. The Counsel team also includes Susannah Jones (of Twenty Essex Chambers) and Josephine Higgs (of 7 King’s Bench Walk).

Sonia Campbell, Partner and Head of the Insurance Disputes Practice at Mishcon de Reya LLP, comments:

“We’re grateful to the Court for allowing our application to intervene, to make submissions in the FCA test case hearing in July, insofar as they are relevant to the QBE and Aviva policyholders for whom we act and represent; we are also grateful to the FCA for consenting to our application. Whilst Aviva is not a Defendant to the proceedings, it underwrites a materially similar wording to the Material Damage and Business Interruption Resilience wording that is being tested, which is underwritten by RSA. Our participation will enable us to ensure that points we wish to advance for our clients can be made in the way we wish to make them.”

Any hospitality business that is insured by QBE UK Limited or Aviva Insurance Limited that still wishes to participate in this case should in the first instance email higa@mishcon.com