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Budleigh traders launch campaign to attract more shoppers.

9 Oct 2023

A group of independent traders in Budleigh Salterton have started a campaign to attract more shoppers.
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Tech could drive more business for indie retailers this Christmas

9 Oct 2023

New research from Square and Clearpay indicates consumer confidence is rising, with 72% of consumers planning to spend more or the same this coming holiday season compared to last year,... Read more…

Full line-up announced for 2023 Bookshop Day this Saturday.

9 Oct 2023

Miriam Margolyes, Richard Armitage and Tomi Oyemakinde will be among the authors headlining events at this year’s Bookshop Day taking place this Saturday 14th October.
Read more…

Shop owners demand new offence for attacks on retail workers

4 Oct 2023

Shop owners have called on the Home Secretary to specifically outlaw attacks on retail workers.
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Are you up to speed with new ban on single-use plastics?

4 Oct 2023

From the start of October, bans and restrictions on single-use plastic cutlery, polystyrene cups and food containers, single-use balloon sticks and certain types of polystyrene cups and... Read more…

Cash still crucial for UK’s independent retailers

27 Sep 2023

A recent survey of retailers across the UK has shown that cash remains a crucial payment method for independent shops.
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Almost 2,000 more independent shops left empty in the first half of this year

27 Sep 2023

Almost 2,000 more British independent shops were left empty in the first half of this year, as small businesses struggled to cope with rising inflation and the cost-of-living crisis.
Read more…

Indie shops in Liverpool create their own security network to combat shoplifters.

27 Sep 2023

An independent shop owner in Liverpool has said that independent shops in the city centre have taken to creating their own security WhatsApp group, warning each other of shoplifters in the... Read more…

Indie shops key to reversing fortunes of struggling high streets – university study finds.

27 Sep 2023

A focus on independent and ‘browse-only’ shops can help to reverse the fortunes of the struggling high street, according to an extensive study by Manchester Metropolitan University.
Read more…

Trade association welcomes Home Office ‘back-to-basics’ retail crime promise

13 Sep 2023

The recent pledge by police forces across England and Wales to pursue every lead that holds a reasonable chance of apprehending criminals and solving crimes has been welcomed by Bira, which... Read more…

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FCA seeks legal judgement to clarify whether insurers should pay CV-19 claims made by firms

Posted on in Business News, Cycles News, Political News

More than a million businesses forced to close during the coronavirus lockdown may know whether insurers will have to pay previously rejected business interruption claims in a matter of months.

In early May the City watchdog announced it was seeking a legal judgment from the British courts to clarify whether insurers should pay claims made by firms forced to close by the lockdown.

It comes after hundreds of struggling firms banded together to launch class action lawsuits against insurers, arguing that specific clauses in their business interruption insurance policies should cover them for the income they've lost due to having to close.

However, the insurers have argued that the firms are in fact not covered - a move which has now led to the FCA's attempt to clarify what the insurance policy wordings actually mean.

The Financial Conduct Authority (FCA) is now planning to bring the first trial instance to the High Court as early as July, meaning that a judgment could be forthcoming just weeks after that. 

The FCA wrote to insurers at the start of May asking for examples of policies where they 'may consider there is no doubt about wording and decline to pay a claim, but customers may still consider there is genuine uncertainty about whether their policy provides cover'.

Over 150 different policies have been submitted, a number of which will be examined by the High Court and a judgment could then be forthcoming as early as the end of the summer.

While the FCA has clarified that the majority of business interruption customers are not covered for coronavirus, there remains a dispute over policies which contain certain 'non-damage' extensions. However, clauses for contention between firms and their insurers have arisen such as extensions that cover disruption to a business not caused by physical property damage.

Cases like this are not straightforward and there are likely to be hundreds of different policy wordings just for the area relating to business closures caused by infectious disease. According to This is Money the FCA is aiming to bring a number of test cases to the High Court in July which will include a range of policy wordings from a range of insurers for a range of business types. It is thought that judgments on enough test cases will provide very persuasive guidance on whether other insurers should pay out on similar policies.

Even if the Court rules that some policies have been triggered, one of the defences insurers will likely fall back on are so called 'trends clauses'- a key features of a traditional business interruption policy that helps to figure out how much the business is owed once they have claimed. 

Crucially however, these clauses set the damages at what the business would have earned if they hadn't closed. This is Money understands that the FCA is looking for legal clarity on this point as well as the other clauses mentioned.

This is important as it will influence the amount businesses will be entitled to receive.

It is unclear how long the court proceedings leading to a potential insurance payout could take, however, the regulator has said its court action is designed to resolve the uncertainty as 'promptly as possible'.

 

Tell us your experience

Since the 31st March members of the Independent Retailers Confederation (IRC) have been calling upon Government and insurance brokers to challenge policies where there is ambiguity.

The IRC is a well-established organisation representing over 100,000 independent retailers throughout the UK, it brings together like-minded trade associations with interests in the small and independent retail sector.

The IRC are collecting data from independent retail businesses which:

1. Have a Business Interruption clause in their insurance policy and
2. Have submitted a formal claim following the outbreak of COVOID-19 which
3. Has not been accepted by/is in dispute with the insurer

In order to highlight these issues and support the Government's request for more information, the IRC has set up an online survey, open to all independent retailers, that will help to evaluate policy ambiguity, offending insurers and the level of claims and funds under challenge.

TAKE THE SURVEY NOW

Let us know your experiences with BII by completing the online survey at indieretail.uk/business-interruption-insurance.

The IRC would also love to know if your claim has been successful, or your insurance broker/insurer have provided great service. Please let us know by emailing info@indieretail.uk.

 

 

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