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My claim for COVID-19 related business interruption has been rejected. I have logged a complaint about that decision but have not yet received a response:

  • We have reviewed all complaints received under the complaints process set out in the relevant policy document.
  • If, following our review, we considered that your complaint was potentially affected by the Test Case, we have postponed our determination of your complaint pending final resolution of the Test Case and we have written to you to explain the impact of the Test Case on your complaint and your rights to escalate your complaint. Please note, now the Supreme Court has handed down its judgment, subject to any consequentials hearing or declarations order of the Supreme Court, final resolution of the Test Case has been reached. Therefore, we will proceed to determine all outstanding complaints, applying the judgment of the Supreme Court insofar as possible and we shall write to you shortly to provide our decision.
  • If your complaint is not affected by the Test Case, we will review your complaint and write to you with our findings.

I raised a complaint about the decision to decline my claim for Covid-19 related business interruption and it has not been upheld:

  • In line with the FCA’s finalised guidance, we have reviewed all existing complaints that we had previously declined to determine those which may be potentially affected by the Test Case. If your complaint is one which may potentially be affected by the Test Case, we have written to you to confirm that we will reassess your complaint after the final resolution of the Test Case and to explain the impact which the Test Case may have on your complaint, as well as your rights to escalate your complaint. Please note, now that all rights of appeal have been concluded, subject to any consequentials hearing or declarations order, final resolution of the Test Case has been reached and we will proceed to apply the Supreme Court’s judgment insofar as possible in our review of your complaint.
  • If your complaint is not affected by the Test Case, you may exercise your rights to escalate your complaint to Lloyd’s or the Financial Ombudsman, as set out in our correspondence.

My complaint has been escalated to Lloyd’s or the Financial Ombudsman:

  • If your complaint is with Lloyd’s or the Financial Ombudsman, Lloyd’s should already have written to you to confirm whether you have a potentially affected complaint or not and the implications of this.
  • You may contact Lloyd’s or the Financial Ombudsman for further information on the status of your complaint.

You have told me I have a ‘potentially affected complaint’. Now the judgment has been handed down, will I receive a payment?

  • The Supreme Court has broadly ruled in favour of the FCA acting on behalf of policyholders and we are proceeding to determine all outstanding complaints, applying the judgment insofar as possible.
  • Following the High Court’s judgment, to ensure that we could adjust the claim underlying your complaint promptly once final resolution was reached, we asked that you began to gather together (and keep updated where possible) the following evidence in support of your underlying claim:
    • A summary of weekly or monthly turnover from 1 January 2019, which you should keep up to date until requested by us.
    • Audited accounts for the last two financial years, if available.
    • Management accounts for the last two financial years.
    • Management accounts for the current financial year to date, which you should keep up to date until requested by us.
    • Details of any business support grants received by the insured business.

Page last updated on 15 January 2021