During the last two weeks of July, the trial of the test took place for eight days in the High Court. The FCA, the intervening parties Hospitality Insurance Group Action and Hiscox Action Group, and the eight defendants, who agreed to be part of the trial case  www.reuters.com/article/us-health-coronavirus-britain-insurers/policyholders-to-join-uk-watchdog-in-case-against-insurers-idUSKBN23X1WS    this update contains more details on the proposed judicial appeal, including the identification of the representative sample of policy formulations to be examined in the event of a test, the insurers who use these formulations and those we invited and agreed to participate in the proceedings. However, the Tribunal made unfavourable comments on the Orient Express/Generali  EWHC 1186 (Comm) decision. In this case (application of a „but“ test that adopted the necessary directive when reading the trend clause), it was found that the damage to a New Orleans hotel following Hurricane Katrina had not caused the same loss if the damage to the environment and the resulting evacuation had in any event resulted in the same loss. The judges found that the insured danger was misrepreserated in the Orient Express; the policy, according to her, „uninsured against the damage in the abstract, but the damage caused by a covered Fortuity, here the hurricanes,“ and as such, when setting up „but for“ counter-act, the court was wrong to remove only the damage caused to the hotel, so that the effects of the damage caused by the hurricane to its environment. The judges commented that „the consequence … that the less the insurance reacts, the less the insurance was not intentional, the more the strength of the insured and the proximity of the insured`s premises could not be envisaged… Faced with a hurricane that would inevitably cause widespread damage, the analysis would render the cover illusory“ and the court should have asked itself whether the proper construction of the policy required such a counter-inticitive result.  www.fca.org.uk/publication/corporate/bi-insurance-test-case-tracked-questions-for-determination.pdf 17.06.2020: Information on the modified test On 15 September, the High Court issued its judgment in the event of a test. In light of these litigations and the risk to the financial viability of companies that did not expect them to have a valid right, the ACF sued a case under the Financial Market Test Case Scheme to resolve the uncertainty.