https://rcrlaw.com.au/landmark-decision-in-nsw-court-of-appeal-covid-19-case/
Its hard to find any definitive scope for the second BI test case, but I do think personally there is a chance that the case may move in favour of insurers. I'd love to see a submission paper of the points to be determined by the courts, but if the UK case is any indicator, the point of difference is that the govt directions appear to be irrelevant and BI is only claimable when a confirmed case is demonstrated within close proximity. Oz will be very different to the UK if this is the outcome. Either way I think a decision in favour of the insured is already prices in.
How much risk is there in business interruption insurance ., page-40
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