Do I have a BII claim?

Advice and assistance from Cohen Cramer

Want to know whether you have a claim for business interruption as a result of Coronavirus

The important question you need answering is whether you have a valid claim under your Business Interruption policy. The Supreme Court has very recently given guidance on how these policies should be interpreted. Whilst this has been helpful for lawyers and the insurance industry, our experience tells us that it is still incredibly difficult for the business owner to navigate through the Court Judgment with particular reference to their own policy. It also doesn’t help that most business insurance policies are both very lengthy and full of legal ease.

What you need to review are the following clauses which if included in your policy will be found in the Business Interruption Section. These are the parts that are most relevant to the Coronavirus pandemic and are generally headed as either:

  1. Infectious Disease clause

There are different kinds of clauses in different policies. Some of them will provide cover as a result of the recent Court ruling, but others won’t 

  1. Some policies state which specific diseases are covered. If this is the case, your policy will not provide cover unless Coronavirus is specifically listed or referenced. As Covid -19 is a relatively new disease, it is unlikely that it will be included. If you have this type of clause it is unlikely you will have cover.
  2. Some policies will refer to restrictions imposed by the actions of the government as a result of a disease. If you have this type of clause, you may be covered as the  Government has named COVID-19 as a notifiable disease.
  3. Many policies require the disease to be on your premises, others specify a radius from your premises. If you have one of these clauses, you may be covered and we can assist in finding evidence to support your claim.
  1. Denial of Access clause
  1. This may cover you if you are prevented or hindered from accessing your property by an event, or by the actions of a government or local authority. If you have this type of clause, you may have a claim

One of the main difficulties in assessing whether you are covered is due to the many differences in the type of policy wording which can result in some policies offering cover and others not.

Here at Cohen Cramer, we can review your policy terms and conditions and advise on whether we believe you have a claim. We offer this service without charge or obligation.

Contact us

To see how we can help with your business insurance interruption claims simply complete the form at the bottom of this page and chose ‘disputes’ from the drop-down menu. Upon receipt, we will contact you to see how we can help.

If you prefer you can email us direct at BIIC@cohencramer.co.uk with details of the policy and the claim that has been refused.

For an initial chat and overview as to how we may be able to help please call 0113 224 7818.