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"They made a mistake," said Berrill and Watson lawyer John Berrill, who is representing Mr Haupt and more than a dozen other business interruption insurance customers. Zurich declined requests for an interview and in a statement said it does not comment on individual customers.The Insurance Council of Australia estimates that around 250,000 business interruption policies contain specific references to the Quarantine Act, and there could be many more policies that use different wording to exclude pandemic cover.
In November, a panel of five judges in the NSW Court of Appeal unanimously ruled in favour of the customers involved in the test case — signalling that the insurance industry should start paying out the claims. Lawyer John Berrill says the industry should start paying customers affected by the pandemic exclusion immediately.The ICA's Andrew Hall says insurers have paid some claims.