Orient Express: What if the Supreme Court goes against precedent in the FCA BI test case?

25 Nov 2020

Amidst the FCA's business interruption test case, the judge said that reversing the judgment in the Orient Express case would "restore sanity". If the Supreme Court chooses to overrule the judgment there could be far reaching consequences for the insurance industry.

Speaking to Insurance Post on this issue, BLM's Director of Policy and Government Affairs commented, "Overturning or setting aside Orient Express, would mean that the BI indemnity would be greater than if it applies."

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to clients of BLM. Specialist legal advice should always be sought in any particular case.

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Alistair Kinley

Alistair Kinley

Director of Policy & Government Affairs,
London


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