The Insurance Council of Australia (ICA) takes note of that applications for special leave to the High Court of Australia have been documented by two policyholders and one insurer to appeal parts of the new judgment of the Full Court of the Federal Court of Australia in the second business interruption insurance test case.
The judgment conveyed by the Full Court of the Federal Court of Australia on 21 February 2022 significantly maintained the arguments of insurers, observing that in many instances the insurers aren’t liable to repay the policyholders.
Two policyholders, The Taphouse Townsville Pty Ltd and LCA Marrickville Pty Ltd, have each filed documentation for special leave to appeal to the High Court. Taphouse Townsville’s manages deals with whether cover is accessible under the ‘prevention of access clause’ or the ‘hybrid clause’ in its approach.
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