OVERVIEW
The Quadcast team ask what we have learnt from the FCA test case: FCA v Arch Insurance & Others [2020] EWHC 2448 (Comm) and what we can expect in relation to business interruption insurance against the background of the growing COVID crisis. The team also considered whether the approach of the Judges (Flaux LJ and Butcher J) gives any insight into how the Courts will approach similar risk allocation situations where COVID has caused significant unforeseen commercial losses.