Ndda W55 Cse Zip
Ndda W55 Cse Zip
Ndda W55 Cse Zip
the court considered that, while the definition of business interruption in ndda clauses was limited to “economic loss caused by or at the direction of the state in the operation of the business or industry of the insured,” the definition in the corbin & king test case was broader, and was defined as “any loss to the insured, for which the insured is not compensated by an insurance policy, which is causally connected to the state’s emergency action in the operation of the insured’s business or industry.”
with the above clarification in mind, the court then considered whether the definition of loss in the axa ndda clause was sufficiently narrow to preclude the loss of the business resulting from covid-19. the court said that the clause in the axa policy was not limited to “economic loss”, and it did not have a specific exclusion for “business losses”, which would have been the case if the axa clause had been “so limited.” the court also considered that the axa test case had been decided after the fca test case, and so had not been aware of the corbin and kings court of appeal decision, which confirmed that all losses caused by the covid-19 pandemic were covered under the definition of business interruption in the axa ndda clause.
the court of appeal determined that the supreme court approach to causation was applicable to ndda clauses, and that each and every covid-19 infection was causative of the government response to the pandemic, which caused the shutdown of the business and loss for which indemnity was sought. the court also considered that the closure of the business had been a direct consequence of the threat posed by covid-19.
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