Operators of gastronomy businesses who have had a hard financial impact from the ongoing corona pandemic can probably draw new hope. The latest rulings suggest that insurance companies will have to pay for lost sales from the lockdown in the spring.
Regional court of Bavaria as a pioneer for compensation payments
After the regional court (LG) Munich I a restaurant Already at the beginning of October over a million euros in compensation from the business closure insurance The judges in the Bavarian capital have awarded Saved another restaurant from bankruptcy this week.
According to the judgment of October 22, 2020 (Az. 12 O 5868/12), the Sankt Emmeramsmühle restaurant receives 427,000 euros from the Darmstädter Haftpflichtkasse for the missing income during the forced closings in spring. It is still unclear whether the insurer will take action against the judgment.
In another process of the restaurant “Paulaner am Nockherberg” against Allianz became shortly before the date of the judgment – also on October 22, 2020 – a out of court settlement met. A compensation sum of over 1.1 million euros was required. The alliance may have one here Negotiated tacit settlement to avoid judgment against yourself.
In the coming days and weeks, further court decisions on this issue can be expected, not only in Bavaria.
Damage caused by Corona measures is an insured event
The judges did not accept the insurers’ argument that Covid-19 as an infectious disease is not insured. Part of the reason is unclearly worded clauses in insurance contracts. These can be interpreted in such a way that the corona pandemic, the necessary measures and the resulting failures for restaurateurs triggered an insured event.
The result: If you have a business closure insurance, you should report your corona damage to that person – even if the insurance initially refused to pay.
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