QBE Business Interruption Insurance
Class Action


This is a class action against one or more members of the QBE Insurance Group (QBE) in connection with business interruption insurance (BII) policies.

Background


The class action seeks to recover money for persons who held business interruption insurance with QBE and suffered financial losses because of the COVID-19 pandemic.

Important Update: Appeal Dismissed


The Full Court has dismissed the appeal against the Federal Court’s declassing decision.

The Business Interruption Insurance Class Actions will not continue as class actions.

On 5 December 2024, the Federal Court made findings and determinations under section 33ZB of the Federal Court of Australia Act 1976 (Cth) and ordered that group members be given an opportunity to opt out. Group members will receive an Opt Out Notice over the next few weeks.

We understand this outcome will be disappointing for many affected businesses.

More information on the QBE Business Interruption Insurance Class Action can be found online at https://gordonlegal.com.au/business-interruption-insurance-class-action/

What does this mean for my claim?


The proceedings will not continue as class actions.

However, the declassing decision does not determine whether your individual insurance claim succeeds or fails. You may wish to seek advice about pursuing an individual claim.

The Court has also made findings and determinations concerning aspects of policy interpretation. Unless you opt out by 9 November 2026, those findings and determinations will bind you.

Do I need to do anything now?


It is important that you read the opt out notice (linked below) carefully as it may affect your legal rights.

You have two options:

  • Do nothing. If you do nothing, you will remain a group member and will be bound by the Court’s findings and determinations under section 33ZB of the Federal Court of Australia Act 1976 (Cth).
  • Opt out by 9 November 2026. If you validly opt out by that date, you will not be bound by the Court’s findings and determinations.

The findings concern aspects of policy interpretation and do not determine whether any individual policyholder is entitled to cover under their insurance policy.

Information about how to opt out, including the approved opt out notice, is available here.

If you have any queries, you can contact Gordon Legal on (03) 9603 3000 or email [email protected].
Neither the funding of the class action by an Omni Bridgeway entity (“Omni Bridgeway”) nor the services provided by OBL in support of the class action are provided under  an authorisation provided by any Australian Financial Services Licence ("AFSL"); rather OBL and Omni Bridgeway provide services and funding (respectively) to the class action on the basis that litigation funding schemes are an exempt financial product pursuant to the Corporations Regulations 2001. For the avoidance of doubt, your objectives, financial situation and needs have not been taken into account and you should consider whether the class action is appropriate for you taking any appropriate legal, financial or taxation advice you may require. Please note that neither OBL nor Omni Bridgeway is a member of the Australian Financial Complaints Authority.