Insurance policies regulatory information, September 2020 # 3 | Hogan Lovells

The latest regulatory developments of desire to insurers and their intermediaries. See also our Basic regulatory information in the Connected Products one-way links.


  • COVID-19: Judgment in FCA’s business interruption insurance policy check case
  • COVID:19: FCA comments on pandemic exclusions in PII for typical insurance and mortgage intermediaries

COVID-19: Judgment in FCA’s business interruption insurance policy exam circumstance

The High Courtroom has handed down judgment in FCA v Arch Insurance policy (Uk) Ltd and other folks [2020] EWHC 2448 (Comm) (15 September 2020), the check case introduced by the Uk Economic Carry out Authority (FCA) in search of lawful clarity on the this means and outcome of certain non-damage company interruption (BI) insurance coverage coverage wordings.

The judgment is intricate, addressing go over for COVID-19 related statements beneath 21 person coverage wordings. We choose a appear at the implications for policyholders and insurers in our different briefing: Examination: the FCA Small business Interruption Take a look at Scenario ruling.

The FCA has posted a press launch and up-to-date its webpage on the examination case to summarise the key areas of the judgment and outline the upcoming actions. The FCA states that a listening to will soon be preset with the High Court, in which any applications for attraction will probably be created.

Except successfully appealed, the judgment is legally binding on the defendant insurers pertaining to the interpretation of the consultant sample of coverage wordings regarded by the courtroom. The FCA notes that it also offers “persuasive steerage” for the interpretation of equivalent coverage wordings and claims, which can be taken into account in other courtroom circumstances which includes in Scotland and Northern Eire, by the Fiscal Ombudsman Company (FOS) and the FCA in contemplating regardless of whether insurers are handling promises fairly.

COVID:19: FCA comments on pandemic exclusions in PII for normal insurance policy and house loan intermediaries

The FCA has posted its latest Regulation Round-up. Between other factors, it involves opinions relating to pandemic exclusions in skilled indemnity insurance (PII) for common insurance policies (GI) and mortgage intermediaries.

The FCA notes that some PII insurers are introducing exclusions following the COVID-19 pandemic. It reminds companies of the need to meet FCA regulations and highlights the pursuing as some of the relevant specifications in this space:

  • GI and mortgage intermediaries’ PII ought to fulfill the least specifications in MIPRU 3.2
  • suppliers should take into consideration irrespective of whether exclusions are constant with their product governance obligations which includes, under PROD 4.2, no matter if the product is compatible with the desires, qualities and targets of the target market place and
  • firms distributing PII will want to meet up with ICOBS needs. This involves the need to look at whether or not an exclusion is constant with the needs of their client under ICOBS 5.2.

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