The FCA test case on business interruption wraps-up this week. One of the critical points is whether all of the elements of the pandemic and their combined effect can be bundled together. Aggregation will increase the number and size of claims but, if the Court determines that aggregation is restricted, then some policies may only respond on the impact of the Government lockdown.
The FCA seeks to characterise everything that happened as one indivisible peril . . . But nowhere has the FCA sought to explain why this extreme aggregation of separate facts in different categories is an appropriate standpoint . . . It is wrong