Jobkeeper payments not to be deducted as a saving under Business Interruption claims

Over 2 years ago (22 September 2020) I suggested that the general insurance industry take a common approach to JobKeeper payments in Business Interruption claims. https://www.allanmanning.com/jobkeeper-a-call-for-a-uniform-approach-in-business-interruption-claims/

On the one hand, it is pleasing to see that the High Court has dismissed a request to take the decision of the Full Court of Appeal that JobKeeper payments are not a saving in Payroll nor is it business income. As such, the Court has followed the recommendations set out in my post.

I know that many claims were settled with JobKeeper being deducted which is unfair, and certainly disadvantaged those Insureds and has added to the increasing distrust the insuring public, and many long term practitioners, have in general insurance.