The Financial Conduct Authority (FCA) has published a finalised 29-page guidance on proving the presence of COVID-19, setting out the types of evidence and methodologies policyholders can use in their business interruption insurance claims, based on the judgement and declarations of the High Court in last year’s UK test case.
“This guidance builds on the High Court’s judgement and declarations and the additional statements from the Supreme Court in the context of insurers’ obligations under our rules to handle claims fairly,” said the FCA, which is also rolling out a COVID-19 ‘calculator’ soon.
“It is intended to provide clarity for all parties; help ensure that the process of proving the presence of COVID-19 is made as simple as possible for eligible policyholders; and enable those policyholders to receive claim payments as early as possible.”
Meanwhile, the guidance does not prevent claimants from using other sources of evidence.
The regulator noted: “The guidance comes into effect on March 03, 2021 and will cease to have effect on January 31, 2022, by which time we expect that all issues relating to proving the presence of COVID-19 will have been resolved.”
Additionally, the FCA said it is working to create an online calculator to help policyholders gather two types of evidence described in the guidance. The results of the calculator can be used to evidence whether coronavirus was likely to be present in the relevant policy area.
