Eric Charleston is quoted in Canadian Underwriter on COVID-19 business interruption claims stemming from government restriction

September 25, 2020 | Eric S. Charleston | Toronto

Canadian Underwriter, "Does COVID lockdown constitute ‘prevention or hindrance of access’ under BI?"

Clients who lost business income during the pandemic might not get coverage even if they have coverage for “prevention or hindrance of access,” but this depends on exactly how the policies are worded.

The High Court of England and Wales released earlier this month its verdict in a test case launched by the Financial Conduct Authority.

“For the policy wordings that cover prevention of access due to advice or action by a public authority, the court really parsed the language of those policies very closely,” said Eric Charleston, a Toronto-based insurance coverage lawyer with Miller Thomson LLP.

“There were a number of steps that underwriters or policyholders will have to go through in order to determine whether there is coverage.”

Read the full article here.