More and more traders are taking their insurance companies to court. They are claiming the application of their contract and compensation for their operating loss, following confinements and the administrative closure of their business.
Several cases have already been judged in France, with contrasting judgments. Some courts, for example, have condemned the insurer Axa sued by their restaurant clients. This is the case in Paris in mid-September. Other complainants were dismissed in Bordeaux or even in Toulouse.
No, the pandemic is not necessarily an exclusion clause
After the first containment in the spring, the procedures had started slowly, but this fall, better informed, traders and other professionals severely impacted by the health crisis are no longer satisfied with the standard response: the pandemic is an exclusion clause, or again, you were not closed since you could enter your establishment “ tell Stefan Marin-Pache, who is currently defending the interests of two restaurateurs from The Clusaz against the Credit Mutuel-CIC.
Two weeks ago, the first in Haute-Savoie, the Annecy lawyer won her case before the the Commercial Court for the bosses of Bistro Les 2 Mules. She got their bank insurance to compensate them for their operating loss. Crédit Mutuel has appealed, so nothing is won except that the case has not fallen on deaf ears, other traders are now calling the lawyer, specializing in Labor and Insurance Law.
“Remains that in the case of contract with banks-insurance”, emphasizes Stéfany Marin-Pache, “many disaster victims do not dare to take legal action for fear of” harassment “not to say retaliation in the event of a loan application and the spreading of debts for example”.
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