In this article, James Breese and Phil Taylor at Fenchurch Law, examine the findings of the High Court in FCA v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm), the test case brought by the FCA seeking legal clarity on the meaning and effect of certain non-damage business interruption (BI) insurance policy wordings.

For an analysis of the decision of the Supreme Court in this case, see Article, COVID-19: implications of Supreme Court judgment in FCA BI test case.