Please find an overview of frequently asked questions below:
The Government’s enforced closure of hospitality businesses means that the industry has lost millions of pounds of income. Business interruption insurance (e.g. for non-physical damage cover including disease, denial/prevention of access, loss of attraction etc.) may enable your business to recover its losses from insurers.
Any business with the Material Damage & Business Interruption Policy (JELF/Marsh Resilience wording) or QBE PBCC170619 (Business Combined Insurance Policy) or QBE PBCC040120 (Business Combined Insurance Policy) can register interest in a potential group claim.
Your policy documents will be reviewed to ensure that you are eligible to be part of the claim. In the event that you are, you will be provided with information about the potential funding on offer. You can then decide whether you wish to sign up to the funding terms and become part of the claim.
The aim is to move forward as quickly as possible.
We are in discussions with a third party external funder in connection with funding the group claims.
You will need to provide your business name, description, contact details, the name of the insured on your policy schedule and the name of your insurer on the policy schedule.
Mishcon de Reya was established in 1937, with some 900 people, based in London. The Firm has detailed experience of group litigation orders, representative actions and test cases with particular expertise in claims arising out of financial products, data issues and regulatory breaches. Its clients range from retail investors and SMEs to high net worth individuals and institutions and are often backed by litigation funding and ATE insurance. Live group actions include claims against Ingenious, Google, Uber and Royal Mail. The Firm is also acting for hundreds of hospitality businesses seeking the recovery of interchange fees paid on Visa and MasterCard transactions.
COSTS AND RISKS
It will be funded by external third-party litigation funders. You will not have to pay anything. If the case is successful the third party funder is paid by taking an agreed deduction from any recoveries at the end of the case.
Where and how will my business details, including data be used and stored? Will they be maintained confidentially and securely?
Your data will be held on a secure contact database managed on behalf of Mishcon de Reya, operated under the requirements of the Information Commissioner’s Office.
FCA REVIEW OF BUSINESS INTERRUPTION CLAIMS
How does the FCA’s proposed intervention in the area of business interruption policies affect HIGA members?
The judgment in the FCA test case was handed down on 15 September 2020. The arguments made against insurers in respect of the JELF/Marsh Resilience wording (referred to as RSA 4 in the FCA test case) and the QBE 1 policy were successful. The Court has therefore ruled that there should be cover under these kinds of policies. QBE have applied to appeal the FCA test case rulings on QBE 1. RSA have chosen not to appeal the findings on the RSA 4 / Marsh /Jelf Resilience wording, but it is unclear whether other defences might be raised or if there will be further disputes over quantum. We will therefore update any group members about the effects of any appeals on their policies in due course, once any relevant Supreme Court appeals have been heard and the judgment published.
No, not at this stage.
MISHCON DE REYA TERMS OF INITIAL REVIEW
1. Our engagement is limited to reading and considering the relevant clauses of your insurance policy.
2. Our engagement for this purpose will not prevent us acting for or against you in relation to any other matter not connected with your policy.
3. Our engagement for this purpose does not warrant us verifying your identity but we will be able to ask for and our ongoing instruction following this review will be subject to you providing the necessary ID verification documentation.
If you have the specified policy wordings set out above, please register for further information.