FCA has published its and the Intervenors’ skeleton arguments for the trial, which will commence on 20 July. Over the weekend, it published:
- its skeleton argument: this runs to over 300 pages and explains, among other things, the blanket denials issued by the insurers, principles of construction of insurance contracts, the insuring provisions and common trigger terms and issues and causation before detailing specific policy wordings on public authority denial of access and disease clauses;
- the skeleton arguments of Hospitality Insurance Group Action and Hiscox Action Group: these build on FCA’s arguments and focus on specific policy wordings, their effect and the reaction of the insurers. Both stress that the insurers have over-complicated issues and ignored the devastating effects that their failure to provide cover have – making the point that context cannot be ignored, including on issues of construction;
- the Court’s ruling for the second case management conference;
- the final approved transcript for the second case management conference; and
- the amended defence of Hiscox Insurance Company.