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This morning the Supreme Court docket handed down its judgment within the FCA COVID-19 check case, heard on a leapfrog attraction (bypassing the Court docket of Enchantment) from the primary occasion choice of Lord Justice Flaux and Mr. Justice Butcher (see our earlier blogs right here and right here). The judgment might be accessed right here.
The Supreme Court docket has considerably allowed the appeals of the FCA on behalf of the policyholders and dismissed the appeals of the insurers, and in doing so, has broadly endorsed (and in some instances expanded upon) the discovering at first occasion that lots of the insurance policies in query present cowl, albeit for barely completely different causes. As a part of its reasoning, the Supreme Court docket has concluded that the Orient Categorical case, on which the insurers positioned important reliance, was wrongly determined and needs to be overruled.
Cooley will produce a extra in-depth article, exploring the choice intimately and contemplating its wider implications within the coming weeks.
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