Business Interruption Claims Class Action Investigation

Are you entitled to claim on your business interruption insurance for losses caused by COVID-19?

Frequently Asked Questions

Do you have Business Interruption insurance? 

Has your business suffered revenue losses from COVID-19 lockdowns?

Have you lodged a business interruption claim that has been rejected by your insurer?

Despite what your insurance company may have told you, you may be entitled to make a business interruption insurance claim.

Most policies have exclusion clauses for infectious diseases and in our view some Australian insurers have been wrongly rejecting claims from struggling businesses on the basis that their policies don’t cover pandemics.

How can we help you?

Gordon Legal, in collaboration with Berril & Watson, is currently assisting business owners to make claims on their business interruption insurance policies for COVID-19 related losses to profit and revenue.

We are offering free, no-obligation legal advice regarding your business interruption policy and the possibility of lodging a claim against your insurer. Simply register with Gordon Legal and a member of the Business Interruption team will be in touch shortly.

You can also provide your policy and product disclosure statement to [email protected].

If you are unsure of what your product disclosure statement looks like, these documents are likely to be greater than or equal to 50 pages in length and typically have the name of the policy on the front cover.

Examples of product disclosure statements are found here QBE Policy, GIO Policy, Hollard PolicyCGU PolicyAIG Policy and Allianz Policy.  

These policies are provided as an example only – your product disclosure statement may look different.

What obligations will I have if I submit my policy to Gordon Legal?

Once you received advice from Gordon Legal you can decide whether to proceed or not – there will be no obligation on you to proceed or to instruct Gordon Legal to act on your behalf.

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What is a Class Action?

A Class or Group Action is a Court procedure which allows people with similar claims against another party to bring their action in one Court Proceeding rather than requiring them to go to the cost (and take the individual risk) of commencing their own claim.

In Australia, the law provides individual Group or Class members the opportunity to Opt Out of the Proceedings if they do not wish to participate or wish to bring their own individual claim.

The benefit of Class or Group Actions is that it means that claims that would otherwise not be economically viable for a person to bring on their own behalf are able to be gathered together so that the costs and risks can be shared among a larger group of people with similar claims.

What are the risks of participating in a Class Action?

The risks of participating in a Class Action are similar to the risks that any person bringing an individual claim would face, except that the risk of having to pay the other party’s legal costs if the claim is unsuccessful only falls on the Representative Plaintiff or Applicant.

It is important to understand that you do not face the individual risk of an adverse costs order unless you agree to become the Representative Plaintiff or Applicant. If that was the case then your lawyer will discuss those risks with you very carefully before you agreed to act as the Representative Plaintiff or Applicant.