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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14763
Experience:  Senior Associate Solicitor
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I am not sure which is the correct specialist who will be

Customer Question

Hi, I am not sure which is the correct specialist who will be able to help with this. I am looking to see if we are entitled to a business interruption claim. Our policy states:Included coversPublic liability £1,000,000
Employers' liability £10,000,000
Professional indemnity Not included
Buildings Not included
Subsidence Not included
Business equipment Not included
Business equipment outside UK Not included
Portable equipment Not included
Tools Not included
Contract works Not included
Stock Not included
Own plant Not included
Hired plant Not included
Additional expenses Not included
Loss of revenue Not included
Legal expenses £100,000
Submitted: 14 days ago.
Category: Law
Expert:  Virtual-mod replied 14 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  JimLawyer replied 10 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.

I note the wording there but I cannot see any reference to disruption cover - it usually says "disruption cover" and assuming there is an event such as an infectious disease, etc. Is there any more wording from looking at the policy?

Expert:  JimLawyer replied 10 days ago.

In these policies there is usually a list of diseases but there is also a catch-all definition which is a "notifiable disease". COVID-19 is on the list of notifiable diseases :

https://www.gov.uk/guidance/notifiable-diseases-and-causative-organisms-how-to-report#list-of-notifiable-diseases

Expert:  JimLawyer replied 10 days ago.

If you were misled (i.e. they induced you to pay for the policy if you thought it included interruption cover), you could make a formal complaint and avail of the Ombudsman scheme - which is free to use and quicker than court action.

You should consider making a complaint to your insurer. Ask them for their final response, then assuming it does not resolve matters, involve the Ombudsman here:

https://www.financial-ombudsman.org.uk/businesses/resolving-complaint

Expert:  JimLawyer replied 10 days ago.

If you do have interruption cover, it may cover more than just physical damage. There are three types of "non-damage" clauses: disease, prevention of access, and hybrid clauses.

The latter is as it says on the tin - a combination of prevented access due to disease, which is the typical reason for making a claim.
Based on the details in your question, I cannot see any reference to interruption cover unless it is mentioned elsewhere in your policy so you should check it carefully - if it is listed then your insurer will be liable to pay. If not then it would not cover as the option was not included in the policy when it was incepted.

Expert:  JimLawyer replied 10 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 10 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim