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Prediction: COVID-19 decisions will prompt insurers to review policy wordings

Regulation
Insurance Wordings
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Prediction

In light of decisions addressing the application of various policy wordings to the COVID-19 pandemic, insurers may look to rework policy wordings. Decisions such as the recent Court of Appeal judgment in the London International Exhibition Centre case have thrown a renewed focus on the impact that uninsured perils operating in the wider area around a policyholder's premises can have. While the old Orient Express principle that the policyholder cannot claim for losses which would otherwise have been insured, but for the occurrence of wider area damage, has been consigned to judicial history for three years now, the London International Exhibition Centre case has highlighted the most extreme ramifications of this. Notably, insurers have become liable under clauses which require the peril (in that case, occurrence of disease) to occur at the policyholder's premises, for losses which were essentially brought about by government restrictions imposed at a national level in response to disease across the country. Underwriters may well wish to consider altering their wordings to limit the risk of business interruption coverage being triggered in circumstances not intended to be covered.

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