Business interruption insurance: proof of loss and claims provisions

In Ted Baker plc v AXA Insurance UK plc [2017] EWCA Civ 4097 the Court of Appeal was faced with an appeal against the decision of Eder J ([2015] Lloyd’s Rep IR 325), dismissing a business interruption claim by TB on the grounds that TB had not proved its loss, and that TB had been in breach of claims conditions and the breaches had not been waived.

The Court of Appeal unanimously upheld the judge’s decision that the insurers did not face liability, held that TB had not proved its loss, and upheld TB’s appeal on the claims conditions issue.