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FCA Test Case

On 15th January 2021 the Supreme Court delivered its judgement on issues on appeal from the High Court. The Supreme Court judgement substantially allows the FCA’s appeal and dismisses the insurers’ appeals.

The judgement relates to the FCA’s test case in respect of business interruption policies that provide cover in circumstances where there has been no physical damage to the insured property. It is the 'final resolution' of the test case and there is no further recourse through the English courts. A copy of the judgment can be found here:

Next Steps

In line with the FCA's Guidance, Chubb is now promptly assessing all outstanding claims and reassessing all rejected claims and complaints under business interruption policies. When Chubb has come to a final decision on the outcome it will contact policyholders or their appointed representatives. 

Further Information about the test case can be found on the FCA website ( and information concerning business interruption insurance can be found on the Financial Ombudsman Service's website (

Contact us

If you have any questions about your Chubb policy or a claim, then please contact your broker or your usual Chubb contact.