Business interruption: Covid-19 and denial of access

In Various Policyholders v China Taiping Insurance (UK) Co Ltd the insurers under a policy covering material damage and consequential business interruption losses, but with some extensions for non-damage interruptions, agreed on 10 June 2021 to ad hoc arbitration with a number of policyholders on the meaning of a “Denial of Access” extension. CTI agreed to pay all of the costs of the arbitration. Lord Mance was appointed as sole arbitrator, and he issued his award on 10 September 2021. The award was in declaratory form and, like many of the recent cases, was in favour of the insurers.

The insurance