Another lockdown – benefit from business closure insurance?

On October 28th, 2020 it was decided that from November 1st, 2020 the hotels and restaurants in the state have to close for one month. The background is the increasing COVID-19 (Coronavirus SARS-CoV-2) Infections. However, so-called Take-away sales. Regardless of the fact that the resolutions still have to be implemented by the respective countries and the question arises whether this regulation is proportionate, the renewed closure of the Hotels and restaurants due to the corona pandemic for the operators and restaurateurs at least a moderate level catastrophe.

Another insured event?

After the “lockdown” in spring, the Lockdown 2.0“which leads to a further considerable loss of sales and endangers the existence of many. Who has a Business closure insurance the damage that has now occurred could be reimbursed by the insurance company. The question arises, however, whether after the insured event that occurred in the spring now with the renewed closure in November 2020 Another insured event has occurred and a second claim for compensation against the insurance exists.

The operation closure insurance promises benefits if the operation is carried out by the competent authority due to an im Infection Protection Act (IfSG) listed disease or pathogen to prevent the spread of the disease or pathogen excludes. Of course, it depends on the precise formulation of the insurance conditions. In principle, however, it can be stated that these conditions are now met, so that the new “Lockdown” represents another insured event.

In the spring, the insurance companies took the position, for various reasons, that a general preventive closure of hotels and restaurants was not insured. The policyholders were thereupon as part of the so-called “Bavarian solution” makes a goodwill offer. After that should 15% of the damage be replaced by insurance. The “Bavarian solution” was sold as an advantageous solution. In the goodwill offers presented here, however, it is always regulated that upon acceptance of the offer future damage in connection with COVID-19 excluded are. Anyone who has accepted such an offer can now no new claim from the business closure insurance. In this respect, it would have to be examined whether the agreement concluded with the insurance company at the time contains such an exclusion.

Whoever did not go into the “Bavarian solution” now has the chance to to make a new claim. Here, too, the insurance companies will again argue that there is no complete closure because Out-of-home sales are still possible. But the possibility of out-of-home sales also represents a de facto company closureAt least that’s what the Mannheim Regional Court saw in its decision of April 19, 2020, Az .: 11 O 66/20.

Accordingly, the “Lockdown 2.0” in November 2020 should represent another insured event. In some insurance conditions, however, it is stipulated that the compensation is only paid once if the measure has been ordered several times and the multiple orders are based on the same circumstances. It is still unclear what is to be understood under the same circumstances. Here too, the insurance conditions should be checked carefully.

Conclusion:

The new one Forced closure can become one further claim from the Business closure insurance to lead. However, there are a large number of different insurance conditions, so that these must be checked in each individual case.

Feel free to contact us and arrange an appointment free initial consultation.

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