COVID-19: Business Interruption Insurance Claims: ‘A Double Jeopardy in the History of Mankind’

Abstract

The purpose of this paper is to critically examine the judgments of the UK Supreme Court and the Federal Court of Australia on COVID-19 Business Interruption Insurance claims (BII). The UK Supreme Court found that insurers were liable for losses proximately caused by COVID-19. The Federal Court of Australia, on the other hand, found that business interruption losses were only covered if the BII policy incorporated ‘disease clause’ extensions. Since no physical loss is required for the ‘disease clause’ to operate, it is a matter of mere common sense. COVID-19, access, disease, prevention, causation, and trigger