Second BI court case appeal ruling
February 23, 2022
| The Court of Appeal to the Federal Court of Australia has ruled in favour of insurers for three of the five cases, as part of the second Business Interruption industry test case appeal. Appeals were filed in respect of five of the ten test case matters. The ruling substantially upheld the earlier Federal Court judgment delivered in October 2021. The judgment provides further clarity on issues in respect of wordings for business interruption policies, such as disease definition, COVID-19 outbreak proximity, the impact of government mandates and other policy wording matters. The parties have 28 days in which they may apply for special leave to appeal to the High Court. |