If you have received a “Notice to Class Members” from the Federal Court regarding the COVID-19 business interruption insurance class actions, you need to consider what to do.
This information sheet spells out what this Federal Court notice means and your rights.
If you have any questions about the notice or the class actions, contact us for free advice:.
Why have I received a “Notice to Class Members” from the Federal Court?
The Notice to Class Members is a notice approved by the Federal Court that is sent to all of the “class members” in the business interruption insurance class actions.
Class members are people like you who had insurance for their business with QBE, Lloyd’s, Hollard, CGU, RACV or NRMA.
The purpose of the notice is to let you know that you can register for the class action to give it the best chance of going ahead.
If you did not receive a notice, you may still have rights against your insurer for COVID-19 business interruption. Contact us, and we can provide you with free advice about your rights.
The COVID-19 business interruption insurance class actions
Gordon Legal business interruption insurance class actions: QBE and Lloyd’s of London
Gordon Legal has issued class actions on behalf of thousands of businesses who held business interruption insurance during the COVID-19 pandemic. The class actions are against two major insurers, QBE and Lloyd’s of London.
Slater and Gordon business interruption insurance class actions: Hollard and IAG
Slater and Gordon have issued class actions against Hollard and IAG (who own CGU, RACV and NRMA).
The class actions argue that class members are entitled to an insurance payout because their business insurance policy covered them for when their business was closed due to COVID-19 lockdowns or impacted by COVID-19 outbreaks.
Insurers have so far denied coverage to thousands of businesses. Some insurers such as Hollard, NRMA and RACV have accepted liability for some claims but, in many cases, have paid less than the full amount covered.
If you have received a notice from the Federal Court informing you that you are a group member in this proceeding, you should register to ensure that you and the other group members are able to benefit from the class actions.
If you have questions about the class actions, call Gordon Legal on 1300 584 626 or read their Frequently Asked Questions here. Slater and Gordon have similar arrangements in place.
Berrill & Watson is assisting Gordon Legal, and we have also lodged claims for many businesses with all the above insurers and other insurers that aren’t in any of the class actions.
Why should I register for the business interruption insurance class action?
The parties to the class action and the Court are seeking to determine how many class members want to proceed with the class action. If you do not register by 29 March 2024, there is an increased risk that the class action will not go ahead. If that happens, you will need to pursue your potential claim directly, and you will lose the benefits of being a class member in the class action.
You can also lodge a claim on your insurance policy. For free advice, contact Berrill & Watson at 03 9448 8048 or [email protected].
To register for the QBE or Lloyd’s class action, you should go to https://gordonlegal.com.au/ or call 1300 584 626.
What does it cost to take part in the COVID-19 business interruption insurance class action?
There is no out-of-pocket cost to take part in the COVID-19 business interruption insurance class action. It is free to register.
If the class action is unsuccessful, you will not have to pay anything.
If the class action is successful, then the lawyer’s legal fees and the commission of the litigation funder, Omni Bridgeway, will be subtracted from the amount awarded to the group as a whole.
Any payment of legal fees or commission must be first approved as fair by the Federal Court.
Free legal advice about the COVID-19 business interruption insurance class action
It’s really important to get advice about your rights and what to do about the Notice to Class Members and your options.
We can also check your rights against your insurer if you did not get a notice from the Federal Court or you have an insurer who is not involved in one of the class actions.
Contacting Berrill & Watson
📞 Melbourne: 03 9448 8048
📞 Brisbane: 07 3013 4300
📞 Anywhere else in Australia: 03 9448 8048
How we charge
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