If your business was forced to close as a result of the government’s response to the global COVID-19 pandemic and your insurer has rejected your business interruption insurance claim, you may still have a claim against your insurer.
The COVID-19 pandemic impacted thousands of Australian businesses, many of whom were forced to cease their operations causing significant financial and emotional strain.
Despite these businesses holding business interruption insurance, many insurers are leading their customers to believe their policy excludes cover for losses suffered as a result of Coronavirus / COVID-19, on the basis that Coronavirus / COVID-19 is a “quarantinable disease” under the “Quarantine Act 1908” and is therefore excluded under the policy. Learn more about the Quarantine Act 1908 below.
In a unanimous 5-0 decision by the New South Wales Court of Appeal delivered on 18 November 2020, the Court confirmed Shine’s view that COVID-19 / Coronavirus is not a “quarantinable disease” under the Quarantine Act 1908 under these policies.
The insurer sought to appeal the court's decision, but a final decision was made by the High Court on 25th June 2021 against the insurer. This is a very substantial development for businesses who have suffered significant losses as a result of government shut-downs from the COVID-19 pandemic.
If you believe your insurer has wrongly denied a claim under a business interruption insurance policy, or if you want to know whether you may have cover for losses arising from the COVID-19 pandemic, complete our free claim-checker or contact us for an obligation-free discussion.
Insurance Litigation ExpertsInsurance companies can go to great lengths to avoid paying out clients covered under their policy when things go wrong. Our lawyers are experts in bringing justice when insurance companies wrongly decline claims.
To determine whether we may be able to assist in pursuing your insurance claim, please use our obligation-free claim checker