London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc & Ors

The Supreme Court's concurrent causation approach applies to ATP disease cover.

The core reasons for the Supreme Court's decision in the FCA test case—the nature of notifiable diseases, the lack of a 'but for' requirement, and the need for a clear and simple test—apply equally to ATP clauses. The geographical scope of the peril (at the premises vs. within a radius) does not dictate a different causation test.

Occurrences of COVID-19 before it became a notifiable disease are not covered.

The policy requires the disease to be notifiable at the time of the occurrence; notifiability is a defining characteristic of the covered peril.

"Medical Officer of Health for the Public Authority" includes the Chief Medical Officer and other senior national government medical advisors.

The term "Public Authority" has a broad meaning encompassing national governments; a restrictive interpretation to only local authorities is unreasonable.

In Mayfair's policy, "suffered by any visitor or employee" means the visitor or employee had contracted COVID-19 while at the premises, regardless of symptoms or diagnosis.

"Suffered" is interpreted synonymously with "sustained" or "manifested," providing a clear and simple test. A subjective experience of symptoms is not required.