FCA Test Case

In June 2020, the Financial Conduct Authority (FCA) began legal proceedings in the High Court aimed at resolving the contractual uncertainty around the validity of many business interruption claims. This litigation is known as the “FCA test case.”

The High Court provided its judgment in the FCA test case on 15 September 2020, after which there was a subsequent appeal to the Supreme Court with judgment handed down on 15 January 2021. This was the final resolution of the FCA test case and concludes the proceedings in the case. You can read the Supreme Court judgment here.

While Travelers Insurance Company Limited (Travelers) was not a party to the court action brought by the FCA, we welcome the clarity the judgement provides.

In accordance with the FCA’s guidance to insurers, Travelers previously reviewed relevant business interruption policies and informed policyholders, including those who have made a claim or complaint, of the outcome of that review and any impact on their claims or complaints.

Following the Supreme Court’s decision, we will determine if there is any impact to previously communicated or pending claims and will then inform policyholders directly or through their brokers.

February 2021