Skip to content
99 Park Row - Insights from LexBlog on all things digital publishing

Menu

AboutSubscribe
Coronavirus Legal Daily logo
Join CLD
Search
Close

Covid-19 Insurance and Damage (UK)

By Donald Dinnie on July 3, 2023
Email this postTweet this postLike this postShare this post on LinkedIn

In this judgment the insured restaurant argued that the requirement in the murder, suicide or disease extension that the interruption or interference with the insured business be caused by damage did not require physical damage.

It was common cause that there had been no physical loss or damage to the insured premises or property used by it at those premises.

The court said that the overall contractual scheme was for basic cover tied to physical damage.

At the time of the contracting, non-damage cover was available in addition to the standard business interruption cover which is typically contingent on physical damage. The insured obtained cover through an expert intermediary and had access to advice and available cover before concluding the policy. 

The relevant disease extension used the express term “caused by damage” where the bold wording had been clearly defined to mean physical loss, physical damage or physical destruction.

To read the reference to damage to mean “the effect of the perils” as the claimant argued would be to read the clauses as if the words “caused by damage” and “in consequence of the damage” had not been agreed. That, said the court, would entail re-writing the policy contrary to the parties’ express agreement and the established approach to contractual construction.

Where a word is expressly defined by the contract (as in this case) the court will give effect to the agreed definition and it would be highly unusual to depart from it. The express definition was clear and workable and there was no basis to depart from it.

The court said that while non-damage cover that was not contingent on physical damage would have been significantly wider and provided better cover against the closures caused by Covid-19, the clause was not to be construed or re-written with hindsight as to subsequent events.

The outcome in South African law would in principle be no different.

  • Blog:
    Financial Institutions Legal Snapshot
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

Coronavirus Legal Daily logo
Facebook LinkedIn Twitter RSS
Publishing Solutions
LexBlog.com
  • Editorial Policy
  • Disclaimer
  • Terms of Service

About this Publication

The coronavirus pandemic presents a global challenge unlike any we’ve ever seen. In response, we’ve seen lawyers rise to the occasion with updates and analysis on the many impacts of the COVID-19 virus. With Coronavirus Legal daily, we gather it all into place.

Read more
Copyright © 2023, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo