The appeal to the Plenary Court of BI is scheduled for next month
25 October 2021
The full court will hear appeals next month for some of the litigation over pandemic business interruption claims that was part of a judgment on the industry’s second test case.
Policyholders have appealed to Full Court on five of the sample cases and insurers have filed cross-appeals and notices of dispute, according to the Insurance Council of Australia (ICA).
The Federal Court, which heard argument on 10 claims in September, ruled on October 8 in favor of the insurers in nine of the cases.
Five cases in the test case involving Chubb, Allianz and Guild are not subject to appeal, according to the CIA. IAG, Swiss Re and QBE also participated in the hearings.
Insurers are committed to following court decisions once test cases are fully concluded.
“The second test cases, including appeals, are important milestones for customers and insurers as they clarify the process and the way forward to resolve business interruption claims,” said a spokesperson for QBE to insurance.NEW.com.au.
“It is expected that judgment on appeals concerning the second test cases will be delivered by the full Federal Court in December.”
Leave to appeal was previously granted to all participants on an expedited basis, with seven days reserved starting November 8.
A dispute involving The Star Entertainment Group, which appealed a separate August judgment in favor of Chubb and other insurers over business interruption coverage, is expected to be heard along with the test case.