The test case legal battle over business interruption insurance cover for covid-related disruptions is set to continue with appeal applications filed to the High Court.

By the close of business yesterday applications seeking leave to appeal had been lodged so far in four matters where judgments were handed down by the Full Court on February 21, the High Court website shows.

The appeal applications related to the Insurance Council of Australia (ICA) second test case are for LCA Marrickville v Swiss Re International, Insurance Australia v Meridian Travel (Vic) and The Taphouse Townsville v Insurance Australia. An application has also been filed for The Star Entertainment Group v Chubb, which was not part of the test case, but which was heard by the Full Court at the same time.

The High Court only agrees to consider a small number of the many appeal applications it receives each year, and the process to pass the first hurdle typically takes months.

“While we understand there is frustration that the matter continues through the courts, we recognise the need for both policyholders and insurers to obtain definitive guidance from the courts as to how relevant business interruption policy wordings are to be interpreted and applied,” ICA CEO Andrew Hall said today.

ICA also sought leave to appeal to the High Court on the first business interruption test case, which centred on exclusions citing the repealed Quarantine Act 1908.

That application was lodged in December 2020, with the High Court on June 25 quickly declining to consider the matter further, after hearing oral arguments.