Supreme Court’s Judgment – an update regarding Covid-19 Business Interruption cover 08.02.2021

We advised in July and September 2021 that the dot2dot insurance policy wording was not being contested by the FCA.

In respect of the dot2dot policy, this does not respond to business closure relating to the Coronavirus (COVID-19) outbreak. There are two sections of the policy that are key and these are as follows:

  • Action by Police, Government or Other Competent Authority including Bomb Scare – this section excludes “any action taken in controlling, preventing or suppressing the spread of any disease”.
  • Specified Disease, Food Poisoning, Vermin, Pests and Defective Sanitation, Murder or Suicide – this section defines the full list of specified diseases that are covered at point 10.3 on page 35 of the policy wording which does not include coronavirus (COVID-19).

Neither of these wordings were contested by the FCA and are therefore not the subject of the test case nor the Supreme Court Judgment on 15 January 2021.
In response to the Supreme Court Ruling Aviva have provided the following statement:

“On 15 January 2021, the Supreme Court handed down its judgment on the appeal. The judgment can be found here. There are no further avenues of appeal from the Supreme Court so all rights of appeal have now been concluded in respect of the Test Case.

We are carefully considering the Supreme Court judgment and any impact that this may have on claims and complaints under relevant Business Interruption policies on which Aviva provides cover and which we have previously identified as potentially affected by the outcome of the Test Case.

If you have received a communication that your claim or complaint “will not be affected by the Financial Conduct Authority’s forthcoming Test Case process”, this remains the case and the Test Case judgment will not affect the decision we have made.”

If we have not submitted a formal claim on your behalf, we can confirm that claims have been pursued by a handful of dot2dot clients, these have been declined and AVIVA have advised this decision “will not be affected by the Financial Conduct Authority’s forthcoming Test Case process”.


dot2dot Statement Regarding the FCA Test Case 29.09.2020

“We announced in July 2020 that the dot2dot insurance policy wording was not being contested by the FCA and was therefore not subject to the test case.

As previously explained, the dot2dot insurance policy provides 2 extensions in the absence of physical damage. The first is for losses following the prevention or restriction of access to, or closure of, premises by the Government. However, this extension expressly does not apply in respect of any action taken in controlling, preventing or suppressing the spread of disease. The second is for losses caused by certain listed specified diseases. However, the list does not include Covid-19.

The Financial Conduct Authority (FCA) Business Interruption (BI) Test Case judgment on 15 September 2020 has therefore not changed the above.”

A message from dot2dot

Thank you to our dot2dot clients that have been operating to provide care to key workers children during the extensive lockdown period. As many of you now extend your services back to other children or reopen your nurseries, we would firstly like to provide reassurance and clarify the liability cover under your dot2dot policies. There is protection for the policyholder against legal liabilities to employees or the public, please follow this link for further clarification Liability and Directors & Officers Liability Insurance. This includes property damage and ‘Bodily Injury’.  As the bodily injury definition includes ‘Illness’ this would include legal liabilities incurred from COVID-19, in a situation where there is an allegation that you have breached your duty of care.

As with any Employers or Public Liability claim, we would always want to defend your position.  It is therefore important that we can evidence the steps you have taken to protect individuals from the associated risks including the following government and regulatory guidelines. A paperwork trail is therefore key and should include documents such as risk assessments, checklists, training documents and communication to relevant individuals.  Please refer to our Claims Defensibility Guidelines to assist you in this area. Further information regarding this document is available later. We have also created a COVID-19 Symptom Incident Report to complete should an individual show COVID-19 symptoms in your setting

We can also confirm the Directors & Officers Liability section of your policy does not have any exclusions relating to the COVID-19 pandemic. This section covers Legal Liability for Directors & Officers sued in their personal capacity whilst acting on behalf of the Company including actions taken by shareholders, employees, regulatory authorities, customers or creditors. We would remind you that sole traders are not eligible for this cover and therefore ask you to check your policy schedules to check whether this cover applies. If you have any queries please do not hesitate to contact me.

Unfortunately, the situation in respect of any Loss of Revenue relating to Covid-19 remain unchanged and there isn’t any cover should you need to close following an incident on site or following instructions to close from any authority including the Government or Local Authority.

You can read a summary response from Aviva regarding their position in relation to COVID-19 and business interruption here

Statement from the Early Years COVID-19 Response Group

During the current COVID-19 pandemic, a wide range of Early Years organisations have come together in an unprecedented way to support and share guidance, expertise and practice in order to ensure a continuation of the very high standards of Early Years Care and Education, being delivered. This includes the major sector representative groups alongside national, regional and smaller local multi-site providers.

As a combined group of 70 major providers the sector is well placed to support Government and the economy by setting out how nurseries can safely and effectively ‘re-open’ childcare provision across the country. This was pulled together in a set of Standard Operation Procedures, which have already been shared widely as a general framework for all settings to build on for their own circumstances.

Click here to be taken to the COVID-19 Standard Operating Procedures

As part of this we have kept in close contact with Jackie Hyde from dot2dot who alongside their insurer Aviva was keen to support all providers to ensure they had access to advice and guidance. The dot2dot Nursery Insurance product already provides their clients’ access to the Croner-i Early Years Management Toolkit, which provides valuable information to the nursery sector. During the COVID-19 crisis, this toolkit has been expanded to include much needed guidance in respect of unprecedented circumstances nurseries find themselves. In a unique partnership between dot2dot and the COVID group, all nurseries will have access to Croner-i Lite until 30 September 2020. In addition, Croner in an aid to support all nurseries, have agreed to provide free HR and Health & Service advice also until 30 September 2020.

The aim of making this widely available is to help all settings think through what they need to do in order to re-open as safely as possible.

We hope that many providers will make use of this resource to help guide their preparations and thinking as they map out how to welcome children, parents and staff back into their nurseries.

Statement from Croner

Croner-i are one of the market-leading providers to nurseries in providing all the essential tools and guidance you need to run your business. We are proud to be providing support through our full Early Years platform to all existing dot2dot customers.

Croner – i are excited to work in collaboration with dot2dot and their insurers Aviva in providing nurseries who are not currently existing clients of dot2dot with our Early Years ‘Lite’ platform, which will provide questions and answers, re-opening the workplace toolkit, Furlough toolkit and Coronavirus toolkit.

Whilst existing clients currently receive HR and Health & Safety advice through our sister company BrightHR, any nursery will also receive free access up to 30 September 2020 to the Croner Health & Safety and HR advice lines to give you the confidence you need when re-opening your place of work.

You can call the advisors at Croner on 0844 800 7061.

If you are already a dot2dot customer

If you are a customer of dot2dot you can benefit from already having the facility to access the Croner-I Early Years Management Toolkit.

Please click on the link below to log in and start using it:

If you are a dot2dot customer and don’t know your username and password, please contact a member our team on 01204 570390 and we will help get you logged in.

You can call the team of HR advisors with your queries on 0844 800 7061.

If you are not a dot2dot customer

If you are not a dot2dot client just yet, but would like to take advantage of the support, please register here and we will be in contact with your login details –

You can also speak to an advisor on 0844 800 7061.

At dot2dot we want to help as many businesses as we can during this difficult time, so we are offering nursery owners even if they are not a customer of ours the opportunity to use some of the facilities available to help get their settings back open safely.

This facility is only going to be available for a limited period of time until 30th September 2020. Please click on the link below to get started:

Claims Defensibility Guidelines and Checklists

We have received a number of enquiries from our dot2dot clients who are worried that they could receive an allegation against them that someone has contracted COVID-19 in their premises. With the support of our insurer AVIVA and our Strategic Legal Partner BLM, we have put together Claims Defensibility Guidelines and Checklists. This provides details of key information and documents that would be helpful in the defence of such an allegation.

We have included a COVID-19 Symptom Incident Record, which will help you record a situation where someone has symptoms that result in a need for that individual to be isolated.

Click here to be taken to the Claims Defensibility Guidelines and Checklists


Aviva Risk Management Solutions – Specialist Partners

Aviva have made a number of products and services available at discounted prices to help nursery owners reduce risk whilst they are reopening their nurseries or should an event occur that needs immediate remedy such as a deep clean.

Arco – What do they offer?

  • Personal Protection Equipment
  • Associated services

Contact Details – Gerard Gibbons

Bureau Vertitas – What do they offer?

A range of specialist services including Health & Safety, electrical inspections, legionella control, fire risk assessments

Contact Details

0345 600 1828

Specific Cleaning Services available:

Rentokil Hygiene

Confirmed or Suspected Case of COVID-19 less than 72 hours

In the instance, you have a confirmed or suspected coronavirus case Rentokil need to arrange a survey of the area/site affected. Following this, they will then be able to provide a decontamination proposal. They require an area of quarantine on site providing where there has been no risk of exposure to the virus. This will allow their team to prepare PPE and store equipment/chemicals and waste disposal units.

The cost to survey is £1,900.00 plus vat for a two-technician team, they will attend, set up a quarantine area and wear full PPE and RPE to conduct a survey. This will then enable them to quote. The prices for a clean are £950.00 per technician for the first hour and then £450.00 per technician each hour following plus vat. The cost for the survey is deducted from the clean value.

NATIONWIDE PRICING – £1900.00 for survey, £450.00 per hour thereafter clean & disinfection

·      Site Survey Only

·      Touchpoint clean and disinfection of all areas

·      Fogging with disinfectant of all areas

·      Waste Removal from site by Initial Medical

Confirmed or Suspected COVID-19 Cases Older than (72 hours) – (Specialist Disinfection Service)

The government have changed their stance on confirmed cases, the guidelines essentially state that if a building with a confirmed case of COVID19 has been empty for 72 hours, it can be treated as normal specialist deep cleaning work. They can provide a deep cleaning service to all affected areas, including completing their fogging treatment. This option can be used for customers with confirmed cases, if you are prepared to close down your buildings.

NATIONWIDE PRICING – £300.00 call out charge per technician (including 1st hour on site), £180.00 per hour thereafter per technician & £50.00 per waste bag disposed.

  • Telephone Survey or Site Survey
  • Touchpoint clean and disinfection
  • Fogging with disinfectant
  • Waste Removal to RSH Site

Precautionary Clean (No Confirmed  or Suspected Cases) – (Specialist Disinfection Service)

This is a service they are offering to businesses who would like to enhance their cleaning regime. They are offering high contact touch point cleaning and a fogging treatment with a sterilising agent. This is a Specialist Disinfection Service. They would attend site to complete a free survey and be able to provide costings and recommendations.

This is a service they are offering to businesses who would like to enhance their cleaning regime. They are offering high contact touch point cleaning and a fogging treatment with a sterilising agent. This is a Specialist Disinfection Service. They would attend site to complete a free survey and be able to provide costings and recommendations.

Contingency Survey – No Confirmed or Suspected Cases

This is planning for premises with no suspected or confirmed cases – a survey report is produced for you and held on file. If you then have a suspected case, they

can then move quickly to dispatch a team. Again two technicians would attend to conduct the survey. This will give you the cost should you have a case in the future. You will need to sign an agreement confirming the area is not a suspected or confirmed Covid-19 area prior to attendance.

NATIONWIDE PRICING – £950.00 + VAT per survey

  • Site Survey Only
  • Site Specific Quotation
  • Site Specific RAM’s

Contact Details

0203 697 2022


Deep clean fogging service, where there are suspected or known Covid-19 issues

Priced at £275.00 per hour per man plus VAT

The rate includes :-

  • Mobilisation & Preparation of workforce
  • Vaporisation & Cleaning of site
  • Waiting time in between processes
  • All materials, PPE and workwear
  • Post clean decontamination

Disposal & incineration of PPE and workwear

Contact Details

Lisa Hampton

0333 150 0424 

Additional information and support

For your information, Government COVID-19 Secure Guidelines and Poster, which can be found at :

Aviva Virtual Risk Management Tool – direct access to consultants