Bellini v Brit UW Limited

Wednesday 17 April 2024 Before The Master of the Rolls Lord Justice Males Lord Justice Birss Appeal against the Order of Clare Ambrose (sitting as a Deputy High Court Judge) (Order sealed 16/8/23) that ordered that on the proper construction of clause 8.2.6 of the Policy there can be no cover in the absence of damage (as defined in the Policy), and such damage is physical loss, physical damage and/or physical destruction and the claim was dismissed. The Claimant is a business that runs a restaurant in Sunderland called Bellini. It makes a claim against its insurer, the Defendant, under a policy of insurance (“the Policy”) seeking to recover for loss incurred by reason of business interruption caused by the COVID-19 pandemic. The Claimant’s case is that these losses are covered while the Defendant denies liability because it says that such coverage under the relevant term of the Policy (clause 8.2.6) is dependent upon physical damage to the premises or property, which has not occurred.