In the middle of his vacation, “very far” from Toulouse, Michel Sarran however picked up his phone this Tuesday afternoon to answer France Bleu Occitanie. The Toulouse chef reacted to the decision of the Toulouse commercial court on the dispute between him and AXA.
Michel Sarran disputed the attitude of his insurer, who refused to compensate him for the operating loss linked to the health crisis. His restaurant, like all those in France, had to close because of the confinement, and the unprecedented situation.
AXA defended itself by indicating that the exceptional situation prevented any compensation, and was not provided for in the contract signed with the restaurateur.
The Toulouse commercial court rejected Michel Sarran’s request this Tuesday. “It is the caricature of contracts whose small lines must be read to the end” the Toulouse restaurateur is indignant, after learning of the decision. “We’re sick of this!” he exclaims, “angry”.
Michel Sarran will appeal of the decision of the Toulouse commercial court. He judges that “insurance did not play during this crisis, and did not show solidarity”. He estimates that he lost 200,000 euros in this crisis.
A contract which “is not intended to compensate for a generalized epidemic in the territory”
This decision of the Toulouse commercial court is explained by the type of contract subscribed, explains AXA France, which “takes note of [cette] favorable decision. “The Toulouse chief has subscribed to a standard insurance contract, which “is not intended to compensate a generalized epidemic in the territory or even a pandemic such as that of Covid-19”.
AXA could indeed have compensated Michel Sarran if the contamination had been limited to his establishment alone. “Therefore, the operating loss cover due to the administrative closure of the insured’s sole establishment due to an epidemic is a probable event and fits well within the framework of the coverage of a random risk and allows the insured to mobilize its guarantee.”
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