Successfully negotiating claims since 1867
Construction Company – East Anglia
Business Interruption Losses Arising from Covid 19
Following the introduction of mandatory restrictions arising from the rapid development of the Coronavirus Pandemic in early 2020, a major construction company instructed us to prepare and negotiate claims under their Business Interruption policy. We were introduced to the client by their solicitors based on previous successful litigation support actions.
The company comprised several operating businesses with premises and live projects located across the UK. Interruptions impacted all businesses, albeit to varying degrees, the policyholder having implemented a highly effective business continuity/disaster plan devised in great detail prior to the Pandemic. Nonetheless, absence due to Covid 19, mandatory restrictions and resultant Covid Site Operating Procedures published by The Construction Leadership Council, impacted existing project programmes and prevented new business development extensively.
What We Did
Initially, as with the vast majority of UK Insurers at that time, Insurers declined coverage for these losses. The client sought legal advice at an early stage which, in combination with our advice and guidance regarding policy response to the losses incurred and mitigation costs, established a case that provided a platform for an early presentation to Insurers of projected losses across the group of companies.
Following the Supreme Court ruling on appeals arising from the FCA Test Case in February 2021 the client engaged a prominent QC to advise on complex coverage aspects, based on which a revised claim submission was formulated. Insurers continued to dispute the basis and extent of policy response in terms of occurrences and policy limits, resulting in a mediation.
The Outcome
Quantum negotiations were led by ourselves and Forensic Accountants engaged by Insurers, while coverage and legal argument was presented by Counsel and Solicitors, ultimately securing a settlement for the client exceeding £3.5m. As a result of their diligent mitigation measures and the claim settlement secured, the company recovered rapidly from the effects of the Pandemic and remains a market leader in commercial contracting.
Client Testimonial
Following the mediation, the client was delighted and commended our efforts alongside Counsel and their Solicitor, commenting as follows:
“Just wanted to drop you all a message to say huge thank you for all your help, guidance and support last week. Really strong settlement – well deserved in my opinion given the amount of time and effort that was put into it…”
