BI ruling welcome news for policyholders but result differs by wordings

scales of justice

Disease and ‘hybrid’ wording policyholders are particularly well placed to seek compensation after the landmark High Court judgment today in the FCA's BI test case and those with prevention of access wordings may also find they have cover, law firm Herbert Smith Freehills has reported.

The Financial Conduct Authority (FCA) has set out that the court found in favour of its arguments on the “majority of the key issues”. 

However, the Association of British Insurers has countered that “the judgment divides evenly between insurers and policyholders on the main issues”.

With the ruling not saying that all insurers are liable in every instance, all parties involved and wider market commentators are agreed that the complex judgment, which may yet be appealed, will need further

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