An overview of the Disease Clauses considered in FCA V Arch and others [2020] EWHC 2448 (Comm)

Author: Kevin Holder
In: Article Published: Tuesday 05 November 2019

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Policy Code Policy  Name Causal Link Trigger Radius Cover for national pandemic Notes from the judgment Reference

RSA3

Eaton Gate Commercial 

Super Facility Commercial Combined Policy

interruption or interference with the Business during the Indemnity Period following

any occurrence of a Notifiable Disease 

within a radius of 25 miles of the Premises Yes - cover for interruption caused by the government/ public response to the national pandemic providing at least one occurrence within 25 miles of the insured premises.  
  • the essence of the fortuity covered is the Notifiable Disease, which has come near, rather than specific local occurrences of the disease
[Link to article on this policy]
RSA4 Marsh / Jelf Insurance Brokers Resilience Material Damage and Business Interruption Policy interruption or interference to the Insured’s Business as a result of: Notifiable Diseases & Other Incidents [as defined] 

occurring within the Vicinity of an Insured Location

[Vicinity defined as

  •  area surrounding or adjacent to an Insured Location
  •  in which events that occur within such area would be reasonably expected to have an impact on an Insured or the Insured’s Business.
Yes - cover for interruption caused by the government/ public response to the national pandemic providing at least one occurrence within 25 miles of the insured premises.     
Aregenta              
MSA1 and MSA2   Consequential loss as a result of interruption of or interference with the business carried on by you at the premises following          
QBE1              
QBE2              
QBE3