“A recent NSW court ruling has created uncertainty for many businesses hoping to make a claim, but some businesses may be eligible for business interruption insurance payouts,” Mr Hunter said.

“Restaurants, bars, gyms, dance studios and businesses offering public-facing services who lost money as a result of COVID-19 may be able to go ahead with a business interruption insurance claim. 

“Businesses that can now potentially make claims include some that were previously denied claims for losses based on the NSW ruling.”

Mr Hunter advised business owners to check their insurance policy and seek further advice, even if being previously told they’re ineligible for the payout from their insurer.

“COVID-19 has disrupted all of our lives this year, and none more so than those businesses that rely on customers. We strongly urge people to check their insurance policy and to seek advice if they think they may be eligible or even if they’re being told by their insurer that they’re not,” Mr Hunter said.

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“If businesses are unsure about the exemption detail or time frame that applies within their policy, it’s best to seek legal advice.

“Even though the current ruling will likely be appealed and continue to play out in the court system — potentially for years — businesses are currently able to challenge exclusions individually.”