COVID-19: Much anticipated judgment on “disease at the premises” policy wordings handed down

Mr Justice Jacobs has handed down his decision in Excel and five other cases, holding that insurance policies providing cover where disease occurs “at the premises”, are capable of being triggered by the COVID-19 pandemic. The Judge rejected insurers’ arguments that these sorts of localised covers should be distinguished from the radius policies which were considered by the Supreme Court in the FCA Test case. It was held that the same approach to concurrent causation that the Supreme Court set out in that case, would also apply to these policies.

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