b'TABLE OF CONTENTSCASE LAW DEVELOPMENTSUK and EuropeAs the fallout from COVID-19 continued to impact all sectors profoundly, there were a number of significant judicial developments in the context of insurance law, focusing (unsurprisingly) on issues arising under business interruption policies, as well as the application of certain provisions of the Insurance Act 2015, how policy terms should be interpreted, and remedies for non-compliance with policy obligations, to name a few. We discuss a sample of those cases. Rockliffe Hall Ltd v Travelers Insurance Company Ltd [2021] EWHC 412 (Comm)Disease clauses provide cover for business interruption losses caused by infectious diseases that occur at the Insureds business premises. In Rockliffe v Travelers the clause in question expressly referred to specific illnesses and diseases, including plague and smallpox (amongst others), but did not include COVID-19. The Judge found that, because the term Infectious Diseases was defined to mean the specifically identified illnesses and diseases (as opposed to being stated, for example, to include the enumerated illnesses and diseases), this constituted a closed list, and only the policy therefore only provided for those diseases specifically listed in the clause. The Insured put forward two arguments in support of its claim that the policy should respond. First, it argued that the term plague (which was listed in the definition of Infectious Diseases) should be interpreted to include COVID-19 on the basis that it was a general term for an infectious disease, epidemic or pandemic; the Court disagreed, however, holding that in fact plague, in the present context, referred to a specific disease caused by a specific identifiable bacteria. Secondly, the policyholder argued that COVID-19 could cause, or be associated with, some of the specific diseases and illnesses listed in the closed list, such as meningitis and encephalitis. The Courts view, however, was that the clause in question contained a clear, closed, list of diseases and illnesses and the Policy only provided cover for losses resulting from one or more of those listed illnesses or diseases. MAYER BROWN |163'