Court of Appeal unlocks new hope for Business Owners denied Business Interruption Insurance cover during COVID-19 Pandemic
Unlocking further NDDA Coverage: International Entertainment Holdings Ltd & Ors v Allianz Insurance Plc
The Court of Appeal ruling (28 October 2024) in International Entertainment Holdings Ltd & Ors v Allianz Insurance Plc [2024] EWCA Civ 1281 offers new hope for policyholders holding Non-Damage Denial of Access (NDDA) insurance policies with “incident” clauses.
The Court of Appeal’s decision provides guidance on several key issues, particularly around the interpretation of “incident”. The judgment includes reference to the Salon Gold Arbitration where we successfully acted for over 300 policyholders earlier in the year.
The Court of Appeal examined how NDDA clauses apply to events like COVID-19, confirming that specific instances of COVID-19 can meet the definition of an “incident.” Importantly, the Court acknowledged the approach taken in our Salon Gold case, which treated incidents in close proximity as grounds for claims under the NDDA clauses.
While the Court held that government-issued restrictions did not qualify as actions by a “policing authority,” other interpretations within the judgment remain promising for businesses affected by similar clauses.
Business Interruption Claims – contact the team today
We specialise in COVID-19 business interruption claims, get in touch and the team can help you understand this decision’s implications for your policy and claims. Many of our clients have now received their payouts and are able to invest back into their businesses again – let’s get yours back on track.
We are now four years on from the COVID-19 pandemic and the window to make a claim is closing. You have just over a year left before statutory limitation applies in March 2026. Urgently get in touch with us to review your NDDA clause coverage and explore how this decision could support your claim.
If you had a Beazley, Salon Gold, Hiscox, Morgan Richardson insurance policy, or a different insurance policy with business interruption cover in 2020 then please urgently get in touch with RLK Solicitors.
