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MS Amlin Business Interruption Insurance Clients

17th February 2021

MS Amlin Business Interruption Insurance Clients

Following ongoing regular contact and communication with MS Amlin we have been advised that you will shortly be receiving written communication from them regarding your claim post the Supreme Court judgement. The letter outlines their generic approach to settling claims under the various policy wordings they have including the disease clause extension under the Cliverton Kennel & Cattery policy. However, it is important to note that discussions on some technical aspects of the legal ruling are still ongoing. Also, it is fair to point out that QuestGates, the loss adjuster appointed to negotiate your claim have a huge number of files to progress and have requested that for now you please be patient as they work through their caseload. Each case will necessitate a one to one phone interview once all relevant documentation has been provided by you to support your claim so clearly it will take time to get to speak to everybody.

The following information has been taken from their letter:

FCA Test Case – Summary of Key Elements and Implications for MS Amlin Policyholders

Coverage

Most of our policies provide payment for interruption or interference with a business resulting from damage to the business’s physical property.

While the presence of Covid-19 at your premises does not constitute physical damage, there is usually additional cover provided which does not require physical damage. Most of our policy wordings include one or more of the following “Non-Damage Extensions”:

• Notifiable Disease Clause
• Action of Competent Authority (AOCA) Clause
• Prevention of Access (Non-Damage) Clause (PoA)

Your policy documents will show if these “Non-Damage Extensions” apply to your policy.

As a result of the judgment:

• A Notifiable Disease Clause which covers loss following Notifiable Disease within 25 miles is likely to result in the payment of a claim

• A Notifiable Disease Clause which covers loss following Notifiable Disease at the premises is likely to result in the payment of a claim where there was an actual case of Covid-19 at the premises and that case caused the loss

• A AOCA Clause is likely to result in the payment of a claim in only very limited circumstances

• A PoA Clause will not result in the payment of a claim

Presence of Covid-19

As a result of the judgment, you must prove that Covid-19 is or was present within the policy area (usually within 1 mile or 25 miles of your premises).

However, in practice we recognise that Covid-19 was wide-spread and for most claims we will accept that Covid-19 was present in the policy area during the period covered by your claim, without asking you to provide proof of this. If our Loss Adjuster has evidence that Covid-19 was not present in the policy area they will explain this to you when they assess your claim.

Reductions in Income Caused by Covid-19 before the First Government Action

We recognise that some businesses suffered a reduction in income because of Covid-19 before the first Government action was taken on 23 March 2020 and even before Covid-19 became a notifiable disease.

We will not take such reductions into account when calculating the losses that your business suffered during the period covered by your claim. This will ensure that any claim payment is calculated using the level of income being received before your business started to be impacted by Covid-19.

Government Grants and Furlough

We will not make deductions from your claim for any grants you secured through the various Government schemes, including the Small Business Grant Fund, the Retail, Hospitality & Leisure Fund, and the Self-employment Income Support Scheme.

However, in most circumstances any furlough payments that your business received will constitute savings and will therefore reduce the claim payment available.

Loss of Rent

In most cases loss of rent will not result in the payment of a claim.

Where we receive claims for loss of rent, we will consider them in the context of the terms of the leases between the landlord and the tenant, whether the rent payable is based on turnover and whether turnover is impacted by Covid-19.

We will also need to understand the tenant’s financial position and whether they have business interruption cover that may enable the rent due to be paid to the landlord. “

If you have any questions about this information we will be pleased to provide any further clarity where we can. You can contact us by emailing questions to info@cliverton.co.uk

For all queries directly relating to your claim please contact Questgates (the Loss Adjuster appointed by MS Amlin) and they will be pleased to help. They can be contacted on 01204 860429 or emailed at msamlin@questgates.co.uk.

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