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Mishcon De Reya targets new insurers following High Court win

Mishcon de Reya announced it is considering launching legal action against up to 12 new insurers following its business interruption insurance victory in the High Court.

In a case settled last week, the court ruled that the “resilience” wording adopted by RSA, Aviva and other insurers should respond to losses relating to the pandemic.

According to the law firm, the same wording has been adopted and underwritten by “at least” a dozen insurers.

The firm said it is now looking to “build on its victory” by challenging at least 12 insurance companies with identical policy wordings who it claims should have paid out.

It is now holding talks with policyholders across the country who are insured under this policy wording with different insurers.

Sonia Campbell, a Mishcon de Reya partner and insurance specialist, said: “Given the Court’s judgment on the Resilience wording, we believe that Aviva and RSA were wrong not to pay their policyholders’ claims, and it follows that the other insurers who have insured policyholders using the very same policy wording must also be wrong not to pay Covid-19 claims for business interruption. 

“We are actively considering a group action against all of these insurers to force them to honour their obligations.”

Last week, the High Court ruled that “resilience” wording should cover Covid-19 government action in response claims. 

Mishcon de Reya added that it is aware that “large numbers of resilience policyholders have been told that their policies do not cover Covid-19 losses, however the High Court has made it clear that this is not the case”. 

In light of this, it is now considering representing further policyholders who wish to be involved in group action “designed to force the resilience insurers to pay out”.

The twelve insurers with the “Resilience” policy wordings are: Allianz, AIG, Aspen, Aviva, Axa, Chubb, Liberty, MS Amlin, Protector, RSA, QBE  and Zurich. 

Campbell added: “We know that many of these insurers have told Resilience policyholders that they are not covered when the High Court has now made it clear that they are. 

“We are inviting any Resilience policyholders insured by any of these insurers to get in touch and we can then advise them on coverage under their policies. Policyholders should email us at insurance@mishcon.com.”

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