As you may recall late last year, the NSW Court of Appeal found against the arguments of insurers and declared that COVID-19 is not a quarantinable disease as defined in the Quarantine Act 1908. As a result of the outcome, a request for leave to appeal that decision was filed with Australia’s High Court. The High Court has now refused the application for leave to appeal.
Whilst the Court of Appeal’s decision on the Quarantine Act exclusion will stand as the final legal position on that issue, there remain other triggers and issues concerning the interpretation of Business Interruption covers that need to be resolved to determine whether policyholders will ultimately be covered. These are being addressed as part of a second industry test case, administered by the ICA, which is underway in the Federal Court and is scheduled to be heard in August/September 2021.
Although Hollard is not a named party to the second test case, a number of the issues being considered in the second test case arise in the Hollard policies. If businesses consider that they have suffered a business interruption loss they will still be able to lodge their claim with us, even while these issues are being considered by the courts. However, we will necessarily need to await final determinations on these legal issues prior to being able to finalise these claims.
Please refer to the the ICA website and their FAQ’s for more information on the second test case.
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Make a Claim
In the event of a Business Interruption claim, we encourage policyholders to contact your broker to lodge a claim.
In order to assist us with assessing a Business Interruption claim we request that you gather and keep as evidence of the Business Interruption losses the following documents:
- 2018, 2019 & 2020 Financial Year Monthly Profit and Loss Statements (detailed with trading account summary included)
- BAS Lodgment Summary Statements for the following quarters:
- 1 Jan to 31 Mar 19
- 1 Apr to 30 Jun 19
- 1 Jul to 30 Sep 19
- 1 Oct to 31 Dec 19
- 1 Jan to 31 Mar 20
- 1 Apr to 30 Jun 20
- 1 Jul to 30 Sep 20
- 1 Oct to 31 Dec 20
- 1 Jan to 31 Mar 21
- Monthly Profit and Loss Statements
- Monthly Profit and Loss Statements from March 2019 to March 2021
- Monthly Profit and Loss Statement for 2021 (when complete) - If applicable, for loss period being claimed
- Job Keeper payment summaries commencing from 31 March 2020
- Monthly Job Keeper payment summaries commencing from 31 March 2020
- Copy of any Government orders received.
- Location details of any localised COVID-19 outbreaks.
- Details of any Government (State and Federal) COVID-19 support grants received.
- Details and supporting documentation of any additional benefit you are claiming.
Please note that we may request additional information to assess the loss.