Axa declines to appeal Corbin and King insurance judgment

Insurer Axa has announced that it will not appeal the judgment handed down last month regarding Corbin & King restaurant group, leaving hospitality businesses hopeful of recouping some losses.

Corbin & King won its High Court battle with Axa after the insurer refused to pay out to cover Covid-related losses.

The court held that the Non-Damage Denial of Access (NDDOA) clause in Axa’s policy did in certain circumstances provide cover for losses where access to the insured premises was restricted or hindered due to government action in response to the pandemic.

In her judgement handed down on 25 February, Mrs Justice Cockerill ruled in Corbin & King's favour and said coronavirus "led to the regulations which caused the closure of the businesses and caused the business interruption loss."

Corbin & King's case is expected to have consequences for other businesses with the same policy wording, who may be able to use the ruling to secure larger payouts from their own insurers.

Edwin Coe acted for Corbin & King and its subsidiaries.