ICA Acknowledge High Court’s Request For COVID-19 BI Hearing
ICA Acknowledge High Court’s Request For COVID-19 BI Hearing
The Full Court of the Federal Court of Australia’s recent ruling on the interpretation of policy language in business interruption policies during COVID-19 has been acknowledged by the Insurance Council of Australia (ICA), who also made the announcement. The High Court has asked to hear arguments regarding applications for special leave to appeal.
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This second business interruption test case follows the first test case concerning the application of the Quarantine Act exclusion to business interruption plans that was heard in the NSW court of appeal in 2020.
On February 21, 2022, the Full Court of the Federal Court issued its ruling, which mostly backed the insurers’ arguments on four of the five issues in the test case that were the subject of the appeal. The Full Court determined that in those four cases, the insurers were not required to defend the policyholders.
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ICA Acknowledge High Court’s Request For COVID-19 BI Hearing
Two policyholders filed requests for special leave to appeal to the High Court in March 2022.
The insurer IAG also submitted a request to determine if JobKeeper payments should be included in any calculations for insurance payments.
According to the agreement made as part of the decision to reach a conclusion through test cases, the industry will cover the costs of the policyholders in these special leave applications and any subsequent appeals. The Federal Court file has additional information.
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The High Court indicated that the oral hearing will not be listed before October 2022 at the earliest.
ICA Acknowledge High Court’s Request For COVID-19 BI Hearing
Andrew Hall, CEO of the Insurance Council of Australia, stated, “The Insurance Council and insurers acknowledge the High Court’s request to hear oral arguments on the applications for special leave to appeal parts of the judgment of the Full Court of the Federal Court of Australia.”
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“We recognise this has been a particularly difficult time for many small businesses and we sought the courts’ determinations to establish the principles necessary to minimise disputes.”
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