The High Court has found in favour of the Financial Conduct Authority (FCA) during its business interruption insurance test case.

The FCA brought the test case in a bid to resolve the ‘lack of clarity and uncertainty’ that existed for policyholders making business interruption claims. It has the potential to affect 370,000 mostly small businesses.

Christopher Woolard, interim chief executive of the FCA, commented: ‘We are pleased that the Court has substantially found in favour of the arguments we presented on the majority of the key issues. Today’s judgment is a significant step in resolving the uncertainty being faced by policyholders.’

Huw Evans, ABI director-general, said: ‘This is a complex judgment spanning 162 pages and 19 policy wordings and it will take a little time for those involved in the court case to understand what it means and consider any appeals. Individual insurers will be analysing the judgment, engaging with the regulator, taking account of the appeal process and keeping their customers informed in the period ahead.’

The proceedings were brought by the FCA, the regulator of the defendant insurers, as a test case. The purpose was to determine issues of principle on policy coverage and causation under sample insurance wordings.

Eight insurer defendants agreed to participate in the test case. The FCA represented the interests of the policyholders, many of which were small to medium sized enterprises. There were 21 sample wordings considered, but the FCA estimates that, in addition to these particular wordings, some 700 types of policies across 60 different insurers and 370,000 policyholders could potentially be affected by the test case.

The parties agreed a sample of standard form business interruption policies for consideration in the case. A total of 21 lead policies were considered. The relevant provisions in the policies fell into three categories:

  • Disease wordings: provisions which provide cover for business interruption in consequence of or following or arising from the occurrence of a notifiable disease within a specified radius of the insured premises.
  • Prevention of access / public authority wordings: provisions which provide cover where there has been a prevention or hindrance of access to or use of the premises as a consequence of government or other authority action or restrictions.
  • Hybrid wordings: provisions which are engaged by restrictions imposed on the premises in relation to a notifiable disease.

The FCA and Defendant insurers are considering the judgment and what it might mean in respect of any appeal.

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Industry hopeful of buoyant fourth quarter

After a month’s break from live broadcasts in August, ARC360 returned with its second series of industry webinars on Wednesday 2 September, and the news that came from it was almost resoundingly good.

Produced in association with I Love Claims and appropriately titled – Back to Normality? – the webinar found that the recovery that had been building momentum in June and July continued apace through August, with most in the industry optimistic for a fast finish to 2020.

On the panel were Mike Partridge, paint and body business manager, Volkswagen Group UK; Mike Brockman, CEO, ThingCo; and Andrew Walsh, founder & CEO, AW Repair Group, and all agreed that the collision repair sector had proved itself remarkably resilient.

Increases month on month

Andrew, who operates nine sites, said, ‘We’ve seen a 33% increase in volumes month on month since June, and August has been our best month. We’re at 85% of normal now and there is bound to be another upturn as we go forward with schools returning and more people going back to work. We still don’t know what the virus will do so we have to mindful of that, but if it’s not severe I think we could see 80% of normal volumes across the industry in the fourth quarter.’

Mike Partridge meanwhile, explained that VWG has seen an upturn in all three areas of its business: vehicle sales; routine maintenance; and paint and body repairs. He described August as ‘buoyant’ in terms of new car sales, and said the pent-up demand for MOTs and services ‘has been massive and still surging towards the network’.

He added, ‘The paint and body side is the weakest for us because there simply aren’t enough cars on the road. But the government has been encouraging people back to work, the school run is always a fairly rich seam for the collision repair industry, and then there is the supermarket run and the clocks changing, so there are green shoots there, too.’

Timely

For Mike Brockman, the lockdown has actually proven to be timely. ThingCo is still establishing itself in the telematics space and he said the last few months have enabled the company to perfect its product, which he describes as a connected in-car device.

He said, ‘Our first insurance customer in the UK went live with our product last week and we’ve got another lined up soon. So it’s been quite good for us. But I think everyone is getting more confident about the future. There was more uncertainty about what the new normal would be a few months ago, but most businesses are seeing positive trends.’

China’s recovery

And, he added, China’s recovery should be further reason for encouragement. ThingCo has between 35 and 50 devices in Beijing, and although the sample is small it’s provided key insights.

Mike said, ‘After the initial phase of the pandemic, traffic behaviour in Beijing went back to normal quickly. Here in the UK people have been worried if driving habits will ever go back to normal but based on what I’ve seen there I am confident they will. We’re probably slightly slower in our recovery rate, but we’re getting there.’

Poll

The positive outlooks expressed by the panellists was mirrored by webinar attendees. In response to a live poll, 43% said business had been better than expected during August. A similar number (42%) said it had been as expected, with only 15% answering below expectations. Similarly, half (50%) said volumes were still between 60-70% of last year’s levels, suggesting there has been no waning of demand in the last month. Encouragingly, 28% put work levels at 70-80% and 22% said volumes had recovered to 80-100% or more of normal levels.

The poll also identified October as the telling month for most businesses (47%), with 83% saying their business has either changed somewhat or significantly since lockdown.

Changes

Andrew explained some of the changes within his group. He said, ‘Vehicle damage assessments and parts ordering have all been centralised. It was something we were already doing but we’ve accelerated the process. We were working with hibernated sites and stripped back staffing volumes, so we thought, let’s just do it, and it’s working well. We expect far more visibility and control from that, not to mention the costs we’ve been able to strip out.’

That sort of flexibility is something that has been witnessed across the sector in the last six months. Mike Partridge, who revealed that VWG’s network size reduced from 175 sites to 55 at one point, said that resilience, adaptability and creativity has enabled many more businesses than feared to survive the crisis, and would stand the industry in good stead for future issues.

Fears

However, while the overall message was a bright one, there are still grave concerns. A second wave of Covid-19 is a possibility, bringing with it local and/or national lockdowns, while the number people still on furlough suggests difficult decisions could be made in the coming weeks.

Andrew said, ‘There are bodyshops out there that still have half their staff on furlough even though volumes are recovering. So, I think there will have to be casualties, with some sites possibly even closing down.’

Expose

He also warned that the crisis will expose those repairers who have not kept up with technology, saying that the changes that have been accelerated socially and in other industries would be replicated in this sector.

He said, ‘Those who can’t and won’t, will fall by the wayside, those who can and do will prosper. The industry will be smaller and those who are left will be well-invested and able to repair the modern vehicle.’

ARC360, in association with I Love Claims, is supported by corporate partners BASF, BMS, Copart, EMACS, Entegral, Enterprise Rent-a-Car, Nationwide Vehicle Recovery Assistance, S&G Response, Sherwin Williams and CAPS; partners The Green Parts Specialists, Indasa, and Innovation Group; and strategic partners AutoRaise; NBRA; RepairTalks; and TrendTracker.

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Copart launches new vehicle grading system

Leading online vehicle remarketing business – Copart UK has launched its own stringent grading system to give buyers a clear and definable indication of a vehicle’s condition.

The move is designed to boost transparency of vehicle condition and to help ILC Motor and ARC360 Corporate Partner Copart provide even more comprehensive vehicle information for its buyers.

The new process involves a rigorous 50-point inspection by Copart’s AQP qualified engineers. They then apply a grade that reflects the condition of the external bodywork of the vehicle, ranging from Grade 1 for minor ‘wear and tear’ repairs, to Grade 5 where more substantial structural repairs are required.

Copart’s UK’s automotive sales director, Michael Stewart, said they had introduced the new grading to add value to the wide range of vehicles sold via their online auctions.

“This simple and transparent grading gives our buyers a clear, definable indication of the condition of the vehicle, so that they can buy with trust and confidence and we can achieve higher sales returns for our sellers,”

he said.

“It also enables us to show the condition of these vehicles in-line with the wider used vehicle industry.”

The new grading will only be applied to vehicles that are classified as “run and drive” – i.e. those where Copart has verified that the vehicle started, could be put into gear and was capable of moving forward under its own power – as well as having no previous damage category.

Copart’s grading system is based on the same principals and rating structure as the other leading industry standards for physical motor auctions but is tailored to fit their 100% online auctions.

The new system is designed to strengthen and complement Copart’s existing range of end-to-end engineering services, which includes physical on-site vehicle assessment, reports by ATA/VDA-qualified engineer using industry-recognised accident damaged estimating systems, valuation guides and the latest manufacture repair technology.

Copart’s strategy and automotive division director, Mark Godfrey, said:

“The introduction of Vehicle Grading is part of our overall strategy to continually improve the information we provide on vehicles. This is just one of a comprehensive suite of changes that we are implementing to give our buyers complete transparency and provenance on the purchases they make in our online auctions.”

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