Businesses are being turned down for claims on their Business Interruption Insurance policy during the Covid-19 pandemic. Often their brokers or insurers are telling them that their cover is not valid for a claim due to the impact of a pandemic. They may still have a valid claim. On May 1st 2020, the Financial Conduct Authority announced that it intended to seek clarity on the availability of business interruption insurance by seeking a declaratory judgment through the courts. This will be helpful, but complex because of the huge variety of wording used in policies covering business interruption. It is unlikely to produce a speedy outcome and could cause more harm by giving insurers the opportunity to delay paying out on claims pending a court decision. It is important in these uncertain times for businesses to plan for the future with some clear idea as to whether or not they might be able to plan on some sort of payout under their insurance policies. Whilst insurance brokers do … [Read more...]
Top tips to reduce business legal fees and prevent expensive disputes
Litigation should never be embarked on lightly. There is no such thing as a “clear-cut case”. Most lawyers will rarely give even the strongest case more than a 70% chance of success. There are a number of questions which you need to ask yourself before seeking to resolve a dispute by embarking on litigation: Is the dispute one which you need to address? It is important to look at any dispute dispassionately and without emotion. Have you looked at every possible way of resolving the dispute?Can you afford to lose the case, which could involve you having to pay not only your own costs, but also a large portion of the other side’s costs?Is there a significant disparity between the respective financial strengths of the 2 parties?Will you be able to withstand the attacks you and your business will face from lawyers experienced in our adversarial legal system?Can you afford the distraction that a lengthy court hearing could cause? I will address each question: Disputes can often … [Read more...]
