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Protection against lockdown – Pschorr-Wirt sued his insurance company – Munich

Another success for a Munich resident in a dispute with insurance companies about the corona-related closure of restaurants during the lockdown in spring. The regional court upheld Jürgen Lochbihler’s action, the landlord of the “Pschorr” on Viktualienmarkt. He had sued his insurance company because it had refused to pay from an existing company closure insurance. Lochbihler had insured his business in such a way that if it was officially closed, it would receive a daily rate of 15,500 euros – for 30 days per year, i.e. 465,000 euros in total, which the court also awarded the landlord. However, the judgment is not yet final. As in previous processes, the insurance company argued: The closure in the spring was not covered by the policy because the state government and not the health department had ordered it, and it was not complete, accounting, administration or renovation were possible, it was The possibility of out-of-home sales was given – but the court did not accept any of this. Before Lochbihler, Christian Vogler from Augustiner-Keller had already won, as did Karl-Heinz Zacher from Emmeramsmühle in Oberföhring. Christian Schottenhamel vom Nockherberg had reached an amicable agreement with the insurance company shortly before the verdict was announced and withdrew the lawsuit.

© SZ vom 25.11.2020

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