LIBERTY MUTUAL INSURANCE EUROPE SE AND OTHERS V BATH RACECOURSE CO LTD

[2025] EWCA Civ 153, Court of Appeal, Sir Julian Flaux, Chancellor, Lord Justice Popplewell and Lord Justice Phillips, 21 February 2025

Insurance (business interruption) – Covid-19 claims – Non-damage extension clauses – Composite insurance – Whether limit of indemnity was aggregate or applied to each policyholder – Whether furlough payments were to be deducted from sums recoverable

The Starboard claimants were 21 companies, each of which owned or operated a separate hotel. They were insured by Liberty under a Combined Commercial Policy from 1 July 2019 to 30 June 2020. The Bath Racecourse claimants were 22 companies operating racecourses and other venues, They were insured by Liberty and others under the Bluefin Policy wording from 1 January 2020 to 31 December 2020.