The test case judgement has been a terrific success for the FCA and the businesses affected by the Covid 19 lockdown. The Supreme Court upheld the decision of the High Court in all key areas against the insurers and also upheld the appeal of the FCA in others, thus giving a valid claim to some of you relying on the denial of access due to ‘Public Emergency’ closures. This is very good news for all policyholders that had wordings being considered as well as others whose wordings are similar.
Your Insurers will be contacting you directly or via us in the next few days and will be asking you to complete a covid questionnaire which we would ask you to complete without delay and return to the sender.
In many cases we appointed the support of Claims Equilibrium Club Ltd (CEC) who are expert in supporting and championing the claims process thus ensuring you have the very best advice to support your claim through to payment. CEC will be contacting each of the businesses who we have formerly asked to appoint to represent you within the next week to give details of the financial information their adjusters need to quantify your losses and get the claims paid. The insurers will be under pressure to resolve these claims quickly but us and CEC will be pressing for immediate admission of policy liability and interim payments.
If you have not yet submitted your claim formerly or we have not passed to CEC for consideration we can arrange for a review of your policy wording to check whether a valid claim exists and advise accordingly at no cost. We can also pass instruction to represent you where there is a valid CEC policy in place if required. You are of course entitled to your free hours which could result in you not having to pay any fees for the work done by CEC to achieve a settlement for you.
For those clients who have not paid for the extra CEC service in advance, CEC are offering a full claims representation service to individual clients who might want this assistance. This will involve us passing your details to CEC and them dealing with the insured and the loss adjuster appointed on your claim. Their fee for this is 5% + vat of the settlement sum – but as always its ‘no win no fee’ – so there is no risk that you will have fees to pay if ultimately the claim is unsuccessful.
There is no right of appeal on this judgement and as mentioned earlier in the email your insurers will most likely put out their own press release on their individual process going forward.
We are extremely pleased that our clients have had this success and will do all we can to make sure that insurers now meet their obligations to pay these claims. We will be in touch with each of your individually in the near future.
Lea Cheesbrough Cert CII