The Insurance Council of Australia (ICA) has urged small businesses to submit a claim against their business interruption (BI) cover through their broker or insurer if they believe their policy responds.
This call follows the High Court’s decision not to allow an application to appeal the judgment of the NSW Court of Appeal in the first BI test case. See HDI Global Specialty SE v Wonkana No 3 Pty Ltd (2020) 20 ANZ Insurance Cases ¶62-250;  NSWCA 296.
Finalisation of many claims may still not take place until further clarity is provided by a second test case that is currently underway in the Federal Court. This second text case will determine the meaning of policy wordings around disease definition, COVID-19 outbreak proximity, the impact of government mandates, and other policy wording matters.
However, this does not prevent policy holders from lodging a claim now.
Some class action