Debate
Debate
Forensic Accounting, Valuations and E-Discovery
Forensic Accounting, Valuations and E-Discovery

The devil’s in the detail – policy wording in business interruption claims

As you’d expect, we’ve seen a rise in insurance claims for business interruption losses over the past year with the majority of claims arising from the pandemic. Whilst most of the Court’s time at present is dealing with aggregation issues such as in the matters of Greggs v Zurich and Corbin & King v Axa, work can still proceed on loss quantification and, for entities without aggregation issues, settlement.

Contents

Back to Top

We have been involved both in quantifying losses suffered and in negotiations following the initial claim. You might expect it to be obvious from a company’s accounts whether, and how much, loss was suffered. Common sense would suggest deducting the profit in one year from the profit in the year before. However, this is often not the case and depends on how key terms have been defined in the policy wording.

It's all in the small print

For starters, the definition of ‘loss’ may take into account income, specified costs and / or cost savings. Some policies do not require any consideration of overheads, meaning the ‘loss’ is similar to gross profit, being profit generated directly on sale of goods or provision of services. Other policies require deductions for saved overheads, most commonly rent and rates where concessions were given by landlords or local authorities. In these latter scenarios, the ‘loss’ more closely resembles net profit, being profit generated after deduction of all costs including overheads.

Classification is key

The definitions set out in an insurance policy often do not match up with the presentation of costs in the accounts. For example, a hospitality business may choose to report salary costs as a cost of sale, a cost deducted in calculating gross profit. This makes sense from an accounting perspective where the salary costs are directly incurred in the generation of sales income (unlike, for example, the salaries of head office staff). Categorisation in this way ensures the costs of making the sale are reported as a clear deduction from the income generated – the net figure of total income less total costs of sale is gross profit. 

However, some policies state that the only cost to be included in the calculation of lost gross profit is the cost of goods supplied to customers. These costs may be significantly lower than direct staff costs reported in the accounts such that the lost profit for insurance purposes would be greater than reported gross profit. 

A departure from the accounts

Insurance policies rarely factor in accounting adjustments required in the preparation of a company’s accounts, such as impairments to write down stock. 

Impairments are accounting adjustments made to reflect the net realisable value of stock held, where that value has fallen below the purchase price. Impairments are treated as a cost of sale and deducted in calculating gross profit for the period. The impact of reversing impairments is to improve profitability in the period in question. Depending on whether this impacts the reference period, period in which losses are claimed, or both, this can have an unexpected impact on loss quantification.

A pragmatic approach from the start

In our experience, the difference between insurance policy definitions and accounting treatment can be very significant to the quantum of loss. The exclusion of specific cost categories (or otherwise) can be crucial in determining whether a ‘loss’ under the policy was actually made and careful consideration at the outset of a claim can be crucial when managing client expectations and in order to ensure the claim put forward is robust and not unduly limited.

Sometimes a claim based on the strict wording of the policy doesn’t compensate for losses suffered. Many policies include ‘catch all’ wording stating that, where losses calculated in accordance with the strict wording of the policy don’t put the claimant back into the position they would have been in but for the pandemic, the loss calculation will be adjusted in order to rectify the position. 

It is never going to be easy to persuade an insurer that this clause should be invoked but it should be considered where necessary. Our experience to date is that insurers have been fair where a reasonable case has been put forward for a departure from the strict wording of the policy and have been willing to consider losses on an alternative basis where necessary. 

Sign up to our Newsletter

Error: Contact form not found.

Get in Touch News & Insights

Latest News & Insights


October 1, 2026

Integrating ‘Generative AI’ into our eDiscovery service

We have always incorporated the latest technology when it comes to eDiscovery and Investigations, and now we are the first to offer the newest functionality, ‘Ask AI’, within the Reveal-Brainspace platform. This extremely powerful new functionality, using Generative AI, enables users to simply ask open questions about their clients’ data and get robust and reliable … Continued

October 1, 2026

Lifting the crypto veil

What developing crypto asset regulation means for clients dealing with restructuring, insolvency and asset recovery. The FCA’s recent consultation on crypto asset disclosures and market abuse marks the latest stage in its roadmap for bringing cryptocurrencies and other digital assets into its regulatory perimeter. However, there is still a long way to go before the … Continued

October 1, 2026

Vacation Finance Limited enters Administration

Dina Devalia and Frank Wessely of Quantuma Advisory Limited were appointed as Joint Administrators of Vacation Finance Limited (VFL) on 20 November 2024. VFL has ceased trading with immediate effect. Vacation Finance Limited (“VFL”) FRN 721584. Address: 57 Wheelock Street, Middlewich, Cheshire CW10 9AB. Vacation Finance Limited (VFL) – what has happened to it?  On 20 … Continued

October 1, 2026

Quantuma appointed administrators of P2P lender ABLRate

On 15 January 2024, Peer to Peer lending platform Aviation and Tech Capital Limited and ABLRate Assets Limited, trading as ABLRate, appointed managing directors Brian Burke, Sean Bucknall and Andrew Hosking from business advisory firm Quantuma as Joint Administrators. The Joint Administrators will continue the orderly wind down of the loan portfolio in order to … Continued

October 1, 2026

Quantuma appointed Administrators of Hastings & Rother Credit Union Limited t/a 1066 Community Bank

Dina Devalia and James Varney of business advisory firm Quantuma have been appointed as Joint Administrators of financial cooperative Hastings & Rother Credit Union Limited, trading as 1066 Community Bank. Founded in 1999, the credit union is based in Hastings and acts as a financial cooperative, offering its members financial security through saving and borrowing. … Continued

October 1, 2026

Quantuma joint administrators secure the future of Wiltshire SIPP provider

A team of experts from business advisory firm Quantuma have completed a sale of Wiltshire based FCA regulated SIPP provider, Gaudi Limited and its subsidiary, Gaudi Regulated Services Limited (“Gaudi”) . Quantuma managing directors Sean Bucknall and Andrew Watling were appointed as joint administrators of the businesses on 25 April 2023 and completed a sale … Continued

October 1, 2026

Funeral Plan Provider enters Administration after failing to obtain FCA authorisation

Andrew Watling, and Kelly Mitchell, Insolvency Practitioners of business advisory firm Quantuma have been appointed as Joint Administrators of One Life Funeral Planning Ltd (OLFP). Incorporated in December 2020, Sheffield-based OLFP offered around 14,000 customers a variety of funeral and cremation plans on both a pre-paid and payment by instalment basis. Businesses operating in the … Continued

October 1, 2026

Quantuma appointed Administrators of Birmingham Inner Circle Community Credit Union Limited

Dina Devalia and James Varney of business advisory firm Quantuma have been appointed as Joint Administrators of financial cooperative Birmingham Inner Circle Community Credit Union Limited. Founded in July 2002, the credit union is based in Ladywood, Birmingham and acts as a financial cooperative, offering its members financial security through saving and borrowing. In 2020 … Continued

October 1, 2026

Understanding altcoins and blockchain technology

In this article, Mike Fanshawe from our Forensic Accounting, Valuations and E-Discovery team discusses altcoins and blockchain technology and provides insight into how forensic investigators approach tracing cryptoassets during investigations. Altcoins: An Overview Altcoins, short for “alternative coins”, generally refer to cryptocurrencies other than Bitcoin. Since Bitcoin’s launch in 2009, thousands of digital assets have … Continued

October 1, 2026

What the La Perla case means for future cross-border insolvencies

The La Perla insolvency case was one of the first major cross-border cases to take place post-Brexit, where the previous EU framework no longer applied. Courts, officeholders and stakeholders had to operate without automatic recognition or a shared system. There were parallel proceedings, interventions from government bodies and other obstacles in the way. However, thanks … Continued

Let’s talk

Whether you’re facing an immediate challenge, considering your options or simply want an informed perspective, an early conversation can make a difference.