Commentary on the judgment of the High Court of Justice, Business and Property Courts, The Queen’s Bench Division of 15 September 2020, ref. no. FL-2020-000018

Abstract

The commentary presents the issues of liability under the business interruption insurance contract for lost profits and clauses extending the aforementioned liability in relation to non-physical damages, developed on the basis of the precedent judgment of the High Court of Justice, Business and Property Courts, The Queen’s Bench Division of 15 September 2020, ref. no. FL-2020-000018, issued against the background of the SARS-CoV-2 epidemic and the resulting damage. The ruling addresses the issues of interpretation of clauses extending the insurer’s liability, clauses limiting the liability and the issue of causality, and it indicates the directions of interpretation and principles according to which it should be made. The aim of the article is to draw attention to the interpretation of clauses extending liability for non-physical damages, which are more and more commonly used in Western countries.