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New BSV ruling: Allianz is subject to a Tyrolean hotelier

Source: Image by Gerd Altmann on Pixabay.

The legal disputes over the business closure insurance (FSIO) will continue to occupy the industry in 2021. In Austria, Allianz has now suffered another legal setback: the Innsbruck Regional Court upheld the action brought against the insurer by a hotelier from Tyrol.

The court initially limited the hotelier’s claim to the reason for the claim and decided that the hotelier was right to make his claim. All of the insurer’s objections were also rejected, reports the portal hogapage.de.

“In our opinion, hoteliers who have taken out so-called epidemic business interruption insurance can look to the future with optimism in the event of a process. Incidentally, with some insurance companies we have also managed to bring about a viable comparison, ”says a lawyer Hans-Jörg Vogl quoted.

In addition, the experience “of the last few months would show that insurance companies often use business interruption insurance policies and store insured persons with low sums. Numerous restaurateurs and hoteliers have been badly financially damaged by the Corona crisis and can hardly afford to win their rightful insurance sum in one process, ”adds Manfred Rädler, Board member of the litigation financier Erste Allgemeine Schadenhilfe AG ​​(EAS).

Traditional Munich tavern complains against Bavarian compromise

Allianz is faced with further lawsuits in Germany. The management of the traditional Munich inn Donisl on Marienplatz has filed a lawsuit against the insurer. This is also directed against the Bavarian compromise, according to which the insurers only have to reimburse ten to 15 percent of the agreed daily sum if hotels and restaurants had to close due to a general corona decree.

The alliance naturally rejects the demand: “Our offer was made without acknowledgment of a legal obligation and the explicit reference that no further claims could be made if our offer was accepted”, a company spokesman for the German Press Agency (dpa) quoted.

The so-called “Bavarian solution” was supposed to cushion the corona-related consequential damage for restaurateurs and hoteliers halfway. Only among those affected did the behavior of the industry itself not meet with much approval. While some Bavarian innkeepers dragged the insurers through the cocoa with a vicious video, other restaurateurs and hoteliers preferred legal recourse – with expensive consequences, as some courts have already ruled in favor of those affected.

So far no clear line of the dishes

A clear line of the dishes is still – so far – not yet recognizable. While the Regional Court of Regensburg recently ruled in favor of Dialog, the Regional Court of Munich I only had the lawsuit by at the end of November 2020 Jürgen Lochbihler, the landlord of the Pschorr at Munich’s Viktualienmarkt. Accordingly, the insurer has to pay the restaurateur around 465,000 euros.

There are currently around 100 lawsuits pending at the Munich regional court, including the Bayerische Hof: The luxury hotel in the Bavarian capital has sued Allianz for six million euros in downtime for the period of lockdown from March to May 2020. In addition, the Munich noble Italian “Guido al Duomo” is suing Allianz for 160,000 euros from the BSV. A judgment is not expected to be made until January 2021.

In the case of the “Paulaner am Nockherberg” restaurant, the alliance has already reached an out-of-court settlement. According to the regional court, innkeeper had Christian Schottenhamel the action against the insurer withdrawn. Details are not known, however.

Allianz itself has meanwhile done nails: Munich Insurance wants to get rid of the existing contracts in the BSV and is offering its customers new contracts across all sectors. If they do not accept the new offer, the existing contracts will be terminated. Other insurers are following suit.

Author: VW editorial team

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