Hotelier Korbinian Kohler has insured business interruptions. He wants almost a million euros from Allianz because of Corona. The court is now concerned with whether the insurance company has to pay.
Weissach – The two corona lockdowns also caused a gloomy mood at Tegernsee. All hotels, all bars closed. The Bachmair in Weissach is also closed, except for a small “Sushi to go”. Owner Korbinian Kohler therefore wants almost one million euros for the business failure from Allianz insurance. But this refuses with reference to the insurance conditions in the contract. The case has been heard by the Munich II regional court since Wednesday. And it’s pretty hair-splitting.
The attorney for the Spa und Resort Bachmair is of the opinion that the corona virus and the consequent closure of the business are insured with Allianz. The insurance contract quoted pages from the Infection Protection Act. “Notifiable diseases” are insured, it says. The lawyer concludes: So also Corona. Even though the virus did not exist when the insurance conditions were drawn up in 2009.
Allianz: Corona is not covered by insurance
The Allianz lawyer disagrees. Corona is not included in the insurance coverage: “Corona is not in it.” It also does not say that all diseases that are notifiable are insured. But only those named. Prions, for example, which are most likely responsible for Creutzfeldt-Jakob disease in humans and BSE in cattle, are expressly excluded.
The Bachmair’s lawyer criticizes Allianz for the contract. “The restaurateurs thought it was an all-round carefree package. And it was a devil. ”Hotelier Korbinian Kohler also shares the same message. His insurance broker from Tegernsee (“The Lord blessed him.”) Said to him at the time: “We have insurance. Nothing happens to you. ”As a hotelier, he has to rely on it, says Kohler.
Chances of success of the lawsuit “rather low”
But it doesn’t help: According to the presiding judge Andreas Zeug, the chances of success of the Weissach luxury temple are “rather low” according to a preliminary assessment. The word Corona is not in the insurance conditions. It is true that it is problematic for the insurance company that they have excluded the prions. Stuff speaks of a “significant blemish” when it comes to excluding prions – because that could indicate that the insurer has not finally listed all pathogens by name. Nevertheless, in the end the arguments of the insurance company would prevail.
Another sticking point is the question of whether there is actually a “plant closure”. According to the contract, this occurs “when all employees are prohibited from working”. But in the Bachmair there are still 1.5 employees working for the “sushi to go”. “This is a problem that you don’t usually focus on, but here it is problematic,” says the judge.
Korbinian Kohler wants to fight his lawsuit
He wants to move the parties to a settlement. But they don’t come together. “We want 100 percent. We are entrepreneurs, ”says Kohler’s lawyer. “You already know that you might go away with zero?” Asks the judge. The answer: “Yes.” After further discussions, the Bachmair party can imagine 80 percent of the required sum of 969,990 euros, that is around 775,000 euros. The Allianz lawyer wants to check the offer again in his home, but already considers it “clearly too high”.
For the Bachmair lawyer, the Munich II district court is only “a snapshot” anyway. “We can see where the journey is going in this instance, but we won’t give up early because of that.” He relies on the third and final instance, the Federal Court of Justice (BGH) in Karlsruhe. The case law on the subject is currently still “new territory” and in development. Different courts would have given different judgments.
Kohler himself also definitely wants to continue. He knows of other alliance cases in which the hosts have won. And he studied philosophy, dealt with ethics. Ethical considerations would prohibit him from “giving up now”.
The district court wants to pass the judgment in the Bachmair case on April 9th.
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