Business Interruption Claims — Ashmans Solicitors

Imran Ali
7 min readSep 18, 2020

The COVID-19 pandemic has left many UK businesses facing unprecedented challenges, including the furloughing or redundancy of staff and, in many cases, an irretrievable loss of livelihood and lifestyle.

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Many business owners have found it hard to keep their businesses trading, having been told by the government that it was unsafe to stay open or even to re-open.

However, if your business has been adversely affected by the coronavirus pandemic (COVID-19), help is now at hand.

On 5th March 2020, the department of health and social care added COVID-19 to the list of notifiable diseases. By doing so, it is hoped that people would be assisted in the recovery of their losses from their insurance companies.

Claiming through your business insurance policy can help to ensure that your business can continue to survive into a better future and that your outlook is no longer uncertain.

Ashmans Solicitors can help your Business Interruption claim

The high Court has passed judgment on the FCA test case which looked into the extent that your business insurer needs to cover you and your interests when dealing with COVID-19 related claims. The Court examined how ‘denial of access’ and ‘notifiable diseases’ clauses are to be interpreted when considering the business insurance policies.

If you believe your business has been affected, or your business insurer has refused your claim, Ashmans Solicitors have years of experience in dealing with insurance companies and challenging their refusal to honour their obligations to their customers.

If you are eligible to claim for Business Interruption due to COVID-19, then Ashmans Solicitors will act on your behalf on a no win no fee basis.

Your free business insurance assessment

Before proceeding with your claim, Ashmans Solicitors will conduct a free assessment of your business insurance policy.

Your free assessment will include:

  • A full review of your substantial and complex business insurance document.
  • Each section of your business insurance document will be cross-referenced — a vital aide to your claim.
  • A detailed look at whether any clauses or notice provisions are time-limited — as this could affect your claim.
  • A comprehensive overview of whether the ‘right to recovery’ is only linked to property damage in your policy or the damages claimed can be considered more broadly(i.e. could this be linked to coronavirus, a notifiable disease?).

Get back to business with Ashmans Solicitors

If Ashmans Solicitors find that you are eligible to make a coronavirus Business Interruption insurance claim, then we will proceed to present your claim in such a way that your insurer will handle your claim quickly and with no fuss.

Current estimates suggest that up to 370,000 policyholders may have Business Interruption Insurance.

You will need to take steps nows so that claims against your insurance policy can be identified early.

Your Three-Step Process

  1. Submit the Ashmans Solicitors online enquiry form — together with a copy of your business insurance policy documents.
  2. If your insurance policy covers you for Business Interruption, Ashmans Solicitors will provide you with a free in-depth analysis on your policy, focusing and highlighting the type of coverage you have and the maximum amount you are eligible to claim.
  3. If Ashmans Solicitors find that you are eligible to make a claim, then we will work on your behalf on a No Win No Fee basis, progressing your claim in a speedy and efficient manner.

Businesses that have been affected by the COVID-19 lockdown include:

manufacturers and wholesalers, dental practices, opticians, physiotherapists and podiatrists’, estate agents, clothing outlets, all indoor and outdoor hospitality businesses including cafes, bars, pubs and restaurants; all non-essential retail premises; hotels, hostels, bed and breakfast accommodation, holiday apartments/homes, cottages or bungalows, campsites, caravan parks or boarding houses; hair salons and barbers, (inc. mobile hair businesses), spas, nail bars and salons and beauty salons, day-care nurseries, tanning booths and salons, massage parlours and tattoo parlours, body and skin piercing services; cinemas, theatres and concert halls, funfairs, theme parks, adventure parks and activities, swimming pools and water parks, gyms, sports courts and facilities, museums and galleries, bingo halls, outdoor skating rinks, amusement arcades and other entertainment centres, model villages, indoor and outdoor attractions at aquariums, zoos, safari parks, farms, wildlife centres (any place where animals are exhibited to the public as an attraction), indoor and outdoor areas of visitor attractions including: gardens, heritage sites, film studios and landmarks.

Frequently Asked Questions

Here are some answers to common questions we get about the Business Interruption claim case.

My business is not one of those asked to close by the government, but we closed anyway. Can I still make a claim?

Yes. these are very unusual circumstances. It was your decision to close your business to customers due to fear of the Pandemic, so that would be seen as entirely reasonable. The social distancing measures and 2-metre rule would have been very hard for some types of businesses to implement too. So, if you closed your business to protect your staff and customers, then you may have a valid claim.

Can I claim on my business insurance as well as receiving a government coronavirus grant?

Yes, the government grants are seen as immediate help for businesses. The government knows that business owners will also be making a claim against their insurance policies. You can proceed with your free assessment with Ashmans Solicitors.

I tried to claim by myself but there’s too much paperwork to get through — how is it better to have the help of a solicitor?

Ashmans Solicitors will pick through your Insurance Policy wording to the nth degree, and their expertise will come to the fore as they do so. Your claim needs to stand up as valid when it’s presented to the insurer and Ashmans will make sure that it is dealt with in a professional fashion.

My claim was denied unfairly — can you help me bring legal action against my insurers?

Yes –you have a solid case if you had tried to claim yourself and were denied. If you feel that your insurer has unfairly refused to pay out, then the Ashmans Solicitors will give you the option of bringing legal action against the insurer on a no-win, no-fee basis-if your policy has a valid Business Interruption clause.
The insurer might have to then reconsider their position and decide to pay the policy or the matter may proceed to court. In a court setting, a Judge will decide whether or not they have to pay (within the terms of your business insurance policy).
For this service, Ashmans Solicitors may take up to 25% of what you receive from your insurance company, however this will be subject to your individual circumstances and the actual fee may be more or less than the quoted percentage.

If I can’t find my insurance policy can I still make a claim through you?

Yes, you can still start the Assessment Process with Ashmans Solicitors, and also you will need to contact your insurance company and request copies of your policy: documents, schedule, certificate and booklet. They have to by law give these to you. When you receive these documents, all you need to do is email them over to us and we’ll start your free assessment.

Will I pay you any money if I lose my claim?

No — if the claim is not successful then you will not receive any money and you will not have to pay us anything either. Unless you have told us anything that was not true or misled us in any other way about your claim.

My business is not very big — can you still help me to make a claim?

Yes, it does not matter the size of your business at all, you can still have us make a claim for you. It is the wording of the Policy that makes all of the difference, not the business size. Once you have submitted your free assessment form online, we will contact you about taking the next steps to make a claim.

Do I have to pay Ashmans Solicitors upfront to make a claim?

No, we will not take an upfront payment from you –and you will only have to pay us if you win your claim. The payment that you make would come out of the money that we recover from your business insurer on your behalf. We operate under a no-win, no-fee basis. If you do not win your case then you do not have to pay anything to us — but this changes if you have told us something that is not true, or have in any way misled us about your claim. An example of this would be if you tell us that you had been adversely affected by the coronavirus lockdown and we discover that you were not adversely affected at all.

What should I pay you if I win my claim?

We hope that your claim will be successful. Ashmans Solicitors may take up to 25% of the money that you receive from your insurance company, however, this will be subject to your individual circumstances and the actual fee may be more or less than the quoted percentage.

I’m ready to make my claim — how do I start the process?

It’s a very easy three-step process. Once you have submitted your free assessment Form online, we will contact you about taking the next steps to make a claim.

Originally published at https://www.ashmanssolicitors.com.

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Imran Ali

Solicitor Advocate. Director Ashmans Solicitors. Offices in Leeds, Sheffield, Dewsbury, Huddersfield. Central London & East London