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BI Full Court appeal set for next month

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The Full Court will hear appeals next month for some of the pandemic business interruption claim disputes that were part of a judgment delivered on the industry’s second test case.

Policyholders have filed appeals to the Full Court on five of the test case matters and insurers have lodged cross-appeals and notices of contention, the Insurance Council of Australia (ICA) says.

The Federal Court, which heard arguments related to 10 claims in September, delivered a judgment on October 8 that went in favour of insurers in nine of the matters.

Five matters in the test case involving Chubb, Allianz and Guild are not being appealed, ICA says. IAG, Swiss Re and QBE also participated in the hearings.

Insurers have committed to following the rulings of the court once the test cases are fully concluded.

“The second test cases, including the appeals, are important milestones for customers and insurers as they provide clarity on the process and pathway to resolve business interruption claims,” a QBE spokesman told insuranceNEWS.com.au.

“It’s anticipated that judgment on the appeals in regard to 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 set aside starting November 8.

A dispute involving The Star Entertainment Group, which appealed a separate August judgment in favour of Chubb and other insurers over business interruption cover, is expected to be heard at the same time as the test case matters.