Insurance, well and good: when it comes to paying, many cases end up in court. Christian Schöniger from Café Schweizer Milchhäuschen in Bad Nauheim knows a thing or two about this.
Bad Nauheim – In February 2018, Christian Schöniger leased the Swiss milk house in the spa gardens. A business closure insurance was part of the preparations. “I originally thought of a flood in the USA or a fire,” says the hotel specialist. Together with his friend and catering consultant Sven Berk, Schöniger decided to invest the contribution of 185 euros per month in order to minimize risks. Nobody thought of a pandemic at the time, but a state-ordered closure of the company for up to 30 days is also insured under the Infection Protection Act.
Legal dispute about Corona closure in Bad Nauheim: lawsuit filed with the regional court
According to Berk, all possible diseases are listed in the contract. Covid 19 not, because this virus was not known at all. When Schöniger had to close his café on March 21 due to the lockdown, he immediately contacted the insurance company. “Just two days later, my application was rejected on the grounds that the corona disease was not listed. Only 15 percent of the sum insured should be taken over, ”says the milk house owner.
As he learned from colleagues, the insurance companies took the same approach everywhere. “Some restaurateurs have accepted the 15 percent offer.” They wanted to avoid a lengthy legal dispute with the insurance company. Schöniger turned to the Giessen lawyer Ralf Nauert. The lawyer recommended that he get involved in the dispute with the seemingly overpowering adversary and filed a lawsuit at the end of September.
The restaurateur is now confident, because the first court rulings in Bavaria have proven the innkeepers right. “It is quite possible that the insurance companies will go to the Federal Court of Justice,” says advisor Berk. However, an improved comparison offer would also be conceivable. The trial before the regional court in Giessen could take place in the spring.
Restaurateurs in the Corona crisis: damage of more than 50,000 euros occurred
“The payment proposed by the insurance company would only have been enough to compensate for the spoilage,” reports Schöniger. When it had to close in March, for example, he had bought 800 eggs and decided without further ado to distribute this food to friends.
Schöniger and his advisor have calculated the financial consequences of the closure, which lasted until mid-May. In addition to fixed costs such as rent, electricity and salaries, this also includes loss of earnings. They took the figures from 2019 as a basis. “In the 30 days, damage of more than 50,000 euros was incurred,” says Berk. By the way: Schöniger has also taken out legal protection insurance with the company with which he will presumably litigate, which will probably grudgingly cover his legal fees.
The hotel specialist sees the corona crisis as a challenge. “Despite all my worries, I never bury my head in the sand. After all, I am responsible for a number of employees. ”He employs 40 people, 13 are permanent employees. He refrained from giving notice. The team also includes two trainees, and another junior employee is to be hired soon.
Against the cold in the Corona crisis: tents, blankets, patio heaters
Because of Corona, the restaurateur has waived vacation and canceled the rest day after reopening. In addition, the number of outdoor seats has been increased to 250. According to Berk, business was pretty good in the summer. However, not all customers accepted the pandemic regulations. Schöniger: »At the beginning, many refused to provide personal information. Some haven’t come back to this day. ”
The Milchhäuschen team is well prepared for autumn and winter. While favorable conditions were created inside with partition walls, fresh air supply or disposable cards, three 25 square meter tents have just been set up outside. Together with blankets and patio heaters, a feel-good atmosphere should be created. And now comes the renewed closing order, which calls into question the whole investment again.
Despite all the problems, the restaurateur is still optimistic about the future. He wants to use November for maintenance work. In addition, he would like to rent rooms for 2021, where larger events such as weddings can be offered under the corona conditions. Schöniger: “I remain confident and hope to reopen in December.”
Corona litigation: court approves restaurateurs
The corona lockdown hit the catering industry hard. Insurance companies could face enormous burdens because numerous German landlords have taken out business closure insurance. This insurance usually also includes damage in the event of a state-ordered closure due to a pandemic. So far, however, the insurance companies have refused to pay, partly because Covid 19 is not explicitly mentioned in the small print of the contracts. Instead, the companies try to win their customers over to comparisons that only include 15 percent of the agreed sum insured. Many restaurateurs reject this and take legal action.
This also applies to Christian Schöniger, operator of the Swiss milk house in Bad Nauheim. Last but not least, he places his hopes on two judgments that were passed in Bavaria in October. The District Court of Munich I ordered an insurance company to pay a restaurateur around 1 million euros. In another case, the same court awarded a landlord more than 400,000 euros. According to the judges, it is sufficient if the contracts refer to the Infection Protection Act and a state-ordered closure. The disease – in this case Covid 19 – does not have to be listed. The insurance companies have announced that they will appeal.
In Bavaria, the insurance industry had tried to use the state government to conclude a cross-sector comparison that included the 15 percent offer. However, many restaurant operators do not accept this agreement. (Bernd Klühs)
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