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July 7, 2021

Australian Insurance Law

General Questions

On 15 January 2021 the UKs Supreme Court handed down its decision in the Financial Conduct Authority v Arch Insurance (UK) Ltd & Ord [2021] UKSC 1 which considered the extent to which business interruption cover may cover claims resulting form COVID-19 lockdowns and business closures. Discuss the reasoning of the UK Supreme Court and comment on whether a similar approach should be adopted in Australia.

The assessment must answer the above question (bolded) drawing on the Insurance Contracts Act 1984, the Australian Insurance regulation and policy response during COVID-19. This includes assessing the case Financial Conduct Authority v Arch Insurance (UK) Ltd & Ord [2021] UKSC 1 and its reasoning, commenting on similar cases within Asutralia and answering whethre a similar approach to the UK should be adopted in Australia.

All referencing must be in accordance with the AGLC Melbourne

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