Act now to avoid future FCA test cases—CII calls for industry action

The Chartered Insurance Institute (CII) has urged insurance professionals and the government to act now to reduce the need for legal proceedings like the FCA’s business interruption test case in future.

Both the UK regulator and the re/insurance industry is expecting to gain a definitive resolution on disputed BI claims related to the COVID-19 pandemic through the High Court test case verdict.

In the meantime, the institute has urged the industry to focus on three areas, including greater clarity on policy wordings, and establishing an approach to pandemics and other systemic risks.

According to CII, there should be a consensus among professionals about what policy contract terms mean, so that consumers can be reassured that two policies that look the same on paper cover the same risks.

It also highlighted the importance of improving the advice processes (and non-advised buying processes) to help clients understand both the insurable and non-insurable risks they face, and what they can do about each one.

Lastly, CII suggests establishing an approach to pandemics and other systemic risks that clearly sets out the scope of government intervention. If the government clarifies the risks it is prepared to cover, the market can be clear on how it will cover the risks that it is capable of covering.

Sian Fisher, CEO of the Chartered Insurance Institute, said: “As the professional body for insurance, our key concern is to build trust in the profession. For this reason, we welcomed the test case when it was launched, as it will create greater certainty around the legal basis of business interruption contracts.

“Although the High Court decision will bring greater certainty to the situation, we must bear in mind that this decision may be subject to appeal."

Fisher added: “Business interruption insurance is a crucial product for many SMEs. It provides for a wide range of risks that could threaten the survival of a business, including fire and flood. “Looking to the future, insurers, brokers and the government must act now to reduce the need for court cases such as this one in future.”

These statements were made before the judgement was released.