COVID-19 Australia update: Surprises in the detail of the Second Test Case Judgment

By Leon Briggs, head of property & national executive adjuster, Australia

In most court decisions there can be surprises, and one could say that the decision of Jagot J in the Second COVID-19 Insurance Test Case had its own share of the unexpected.

In reviewing the decision in the Second Test Cases, the aspects that relate to COVID-19 coverage are vitally important to the parties involved, but COVID-19 is an unusual and, hopefully, unique event. Therefore, answers as to how policies respond to pandemics are perhaps of limited usefulness for the future. Jagot J’s decision contains three points, however, that might well have ramifications for business interruption claims in the future.

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