Please find an overview of frequently asked questions below:


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.

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