Who Are We?
No Financial Commitment
You are not required to assist with any funding or provide any financial contribution.
You will not be commiting yourself to any course of action that the members decide on.
COVID-19 Business Relief
The aim is to force QIC Europe Ltd to pay out on the valid insurance claims of its members.
The policy has been sold by a wide range of insurance brokers to leisure businesses, hotels, night clubs, restaurants, holiday parks and many more - Most of these businesses are amongst the worst affected by COVID 19 and will be amongst the last to resume normal trading.
The group’s founding members and steering group are the directors/owners of the following businesses:
The QIC Action Group is voluntary organisation
If you have an QIC insurance policy does it contain the following wording?
We shall indemnify You in respect of interruption of or interference with the Business during the Indemnity Period following:
a) any: i. occurrence of a Notifiable Disease (as defined below) at the Premises or attributable to food or drink supplied from the Premises;
ii. discovery of an organism at the Premises likely to result in the occurrence of a Notifiable Disease;
iii. occurrence of a Notifiable Disease within a radius of 25 miles of the Premises.
Additional Definition in respect of Notifiable Diseases
1. Notifiable Disease shall mean illness sustained by any person resulting from:
i. food or drink poisoning; or
ii. any human infectious or human contagious disease excluding Acquired Immune Deficiency Syndrome (AIDS) or an AIDS related condition an outbreak of which the competent local authority has stipulated shall be notified to them
2. For the purposes of this clause:
Indemnity Period shall mean the Period during which the results of the Business shall be affected in consequence of the occurrence discovery
4. We shall only be liable for the loss arising at those Premises which are directly affected by the occurrence discovery or accident Maximum
Indemnity Period shall mean 3 months.
Frequently Asked Questions
Can I join the Group?
If your insurance policy is a Combined Commercial Policy with business interruption cover provided by QIC Europe Ltd then you are very welcome to join our group, the more businesses that get together to fight this the better chance we have of success and reducing the overall cost of litigation for each party.
Are there any costs to join?
No, there is no cost and no initial commitment. The steering group is currently considering the best route to take with litigation, and this may entail sharing of some court costs amongst the group members. Joining the group does not commit you to anything and any proposed litigation routes will be fully set out to all parties before you are legally committed to the group action.
What are the prospects for success?
The group has already obtained a favourable legal opinion on our prospects of success from a leading barrister. We are now in negotiations with litigation funders to take the legal action forward on a similar basis to what is commonly referred to as a No Win/No Fee basis where the downside risk of litigation will be bourne by a litigation funder in return for a % of any settlement achieved.
How Long will the process take?
The group recognise the extreme hardship that the current situation has caused for many businesses and that pay out under BI cover will be the difference between staying in business and failing. We are pushing forward as quickly as possible, but if full Court action is required then this could take a considerable period. For this reason, the group will consider an out of court settlement if in the best interests of its members.
What about the Financial Conduct Authority’s (FCA) review of Business Interruption Cover?
The FCA announced in early May that it will seek a High Court declaration on BI policy wording, and we understand currently that this process may bring the matter to court around July of this year. At this time there is no certainty that QIC’s policy wording will be amongst those reviewed, so we intend to push on with our litigation process whilst keeping a very close eye on the FCA process and group members will be kept up to date with any developments on this. See FCA press release - https://www.fca.org.uk/news/press-releases/fca-seeks-legal-clarity-business-interruption-insurance
Are you really just out to make money from claims?
No – The group has been set up and is run on an entirely voluntary basis by it’s members who all have a vested interest in succeeding in forcing QIC Europe to meet its contractual obligations to provide business interruption cover. It is not operated by lawyers.
Who are your legal advisers?
The group has appointed Shepherd & Wedderburn (https://shepwedd.com/) to act on our behalf and in due course prior to commencement of any legal action, all group members will need to engage them as part of the litigation process.
Can I just wait for the outcome of your case and get settlement?
It is possible that if we are required to go to court that our action may prove to be a test case and other parties not joined with the action may benefit from this. We are committed to achieving the best outcome for our group members and this may also include reaching an out of court settlement. Should this happen then only group members at the time of settlement would be entitled to any funds and typically these settlements include confidentiality clauses that preclude the terms being made public.