Member update following the Business Interruption FCA test case

The outbreak of coronavirus has impacted many of our members so we want to provide as much clarity as possible with regards to your business interruption cover.

Following The High Court judgment in The Financial Conduct Authority COVID-19 Business Interruption insurance test case, we have been working with our Insurance broker Howden, who has provided the following statement:

Statement from Howden

On Friday 15 January 2021, The Supreme Court delivered its judgement on the Financial Conduct Authority (FCA) Business Interruption Test Case, where it found in favour of each of the appeals made by the FCA and dismissed all those raised by insurers.

As a result of the judgement, RSA Insurance has issued this update, which confirms that it is considering the findings of the judgement against each of its insurance policies to determine how they may be affected.

Following the Supreme Court ruling, our insurance broker, Howden, has approached RSA to ask it to further consider the claims position for Insitute of Swimming members insured as a benefit of their membership. RSA has confirmed it is looking into this.

If you have already made a formal claim to RSA, you would have been sent a claim acknowledgement with a unique claim reference. If this is the case you need not take any further action at this time and, in accordance with the attached update, RSA will be in touch with you directly or via Howden by no later than 15 February 2021.

If you had previously contacted RSA to raise a query in respect of your policy but had not made a formal claim nor received any other correspondence from them, they will not be required to contact you. If this is the case, you will need to re-contact RSA to submit a formal claim.

Institute of Swimming members are free to submit any new claims directly to RSA to enable Insurers to respond to claims without delay. Howden remains willing to assist should Insurers raise an issue with their cover.

The letter includes contact details for RSA. Since issuing this, RSA has requested that any new claims be directed to them directly via, to enable them to respond to claims without delay. Howden remains willing to assist should Insurers raise an issue with cover and if you prefer to submit claims through Howden, we are of course happy to do this on your behalf, although RSA has said this process is likely to take longer than usual.

The FCA press release can be found here.

We shall of course continue to closely monitor the situation and advise you as soon as we hear further from your insurers. You can find further details of the test case itself and the possible implication on both policyholders and insurers on Howden’s Covid-19 HUB on its web site.


We will continue to work with Howden and RSA to make sure you get all the support you need to submit a claim.

In partnership with Swim England and other bodies in the sport and leisure sector, we are pressing the government for more financial support for the sector.