Business Interruption Insurance Class Action Investigation

Maurice Blackburn is investigating potential class actions against insurance companies on behalf of Victorian businesses who have been denied Business Interruption insurance claims for losses due to Covid-19 (Business Interruption Insurance Class Action Investigation).

As a result of the ongoing Covid-19 pandemic a large number of businesses in Victoria, in particular, but across Australia, have had to cease trading and incurred resulting losses. Many Victorian businesses have made claims under their Business Interruption Insurance policies only to have those claims rejected by their insurers. Despite any rejection you may still have a valid claim. We encourage you to submit your details to us so that we may review your potential claim.

A common reason given by insurers for rejecting claims is that coverage is excluded for claims in respect of “quarantinable diseases” under the Quarantine Act 1908 (Cth), an Act repealed in 2016. On 18 November 2020, the NSW Supreme Court of Appeal unanimously rejected the use of the Quarantine Act to justify rejecting Business Interruption claims. You can read a summary of that judgment here.

Ahead of the Court of Appeal’s decision the Australian Securities and Investments Commission (ASIC) issued a letter to insurers and brokers on 16 October 2020 regarding their handling of business interruption insurance claims arising from the pandemic. The letter advised insurers to have a consistent plan in case insurers lost their case before the NSW Supreme Court. The letter also noted that some insurance policies should respond to COVID-19 regardless of the test case because they do not have a pandemic exclusion.

If you have or had a Business Interruption policy with an insurer and they have denied your valid claim, please register your details here and we will be in contact with you as soon as possible. It does not cost you anything to register in our class action investigation.

For further information on this matter contact 1800 497 193 and to register your details please click here.

 

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Class Action Investigation

Key dates

From March 2020

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