(1) Bath Racecourse Company Ltd & ors (claimants/respondents) v Liberty Mutual Insurance Europe SE and ors (defendants/appellants) (2) Starboard Hotels Ltd & ors (claimants/respondents) v Liberty Mutual Insurance Europe SE (defendant/appellant)(3) Gatwick Investments Ltd & ors (claimants/respondents) v Liberty Mutual Insurance Europe SE (defendant/appellant)
Tuesday 21 – Wednesday 22 January 2025
In these Appeals, the Appellant Insurers appeal the order, dated 26 January 2024, of Jacobs J sitting in the Commercial Court in in which he found that certain business interruption policies provided cover for losses arising out of the closure of business premises due to COVID lockdown measures.
These Appeals relates to claims made by the Respondents under a business interruption policy, and in particular under a Prevention of Access (Non- Damage) Clause (“POAND Clause”) which arose out of the COVID lockdowns. The POAND clause is intended to provide cover where the use of premises is prevented or hindered as a consequence of action by a relevant authority.
The dispute concerns the proper construction of various clauses of the Insurance contacts and the matter came before the Judge to consider the construction issues as a preliminary issues.
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Day 1
Day 2