World COVID-19. The insurer AXA sentenced to indemnify for 526 000 € three restaurants of Charente-Maritime
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The conviction of the insurer by the Rochelle court will allow several restaurants to be compensated. AXA believed that a contract clause excluded the payment of compensation, but it was judged "confused" and contradictory by magistrates.
The Commercial Court ofsentenced a few days ago the giant of AXA to indemnify three restaurants of Charente-Maritime for their losses of exploitation caused by the first two confines of crisis of the , we learned Wednesday, April 14, 2021 by the parties.
AXA France is ordered to pay a total of € 526,000 to these institutions for the administrative closures decided by the Government during the first epidemic wave of last spring, between March 15 and June 2, 2020 and during the second wave, Between November 2020 and January 2021.
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The clause of the contract judged illegal
The collective Resto together, created in March 2020, greeted "a new victory" . The restaurants "La Bella Donna in town" in La Rochelle, "La Bella Donna Origin" in Aytré and the establishment "Chai us like Chai you" to the fleet on the island of re, had assigned AXA, which refused to compensate their losses of operations related to these confines. They demanded € 356,700 respectively, € 128,000 and € 77,300.
In its contract, the insurer provided that the warranty was "extended" following an "administrative closure" when it was the consequence in particular of an "contagious disease" or of An, according to one of the judgments of La Rochelle accessed by AFP.
, however, there was an exclusion, when "at least one other" is the subject in the same department of "an administrative closure measure, for an identical cause" , a formulation that covers the field of The current epidemic. AXA has always supported in the courts that "the standard contract clause clearly excludes compensation for farm losses"
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related to the CVIV-19 epidemic.
Gold for the Tribunal, "The contradiction is obvious" : such an exclusion clause, while an epidemic "by definition" is "uncontrollable" [...] "makes the guarantee inoperative and the empty thus of its contents ".
AXA "must assume the consequences of a confused writing contradictory, no one being able to avail oneself of its own turpitude" , affirm the magistrates, noting also the insufficient formalism of the clause and a lack of "obligation of consultation. Many restaurateurs were waiting for this
judgment "This is a decision that reinforces us in our approach, which we lead for dozens and dozens of restaurateurs across France. In addition to depriving them of their rights, the refusal of insurance to compensate the force to initiate long and expensive procedures, which, in the current context, is more than criticable ", reacted in a statement Antoine Vey, Lawyer of the Resto collective together.
"We make the wish that the next decisions can bring more clarity and legal stability", commented on a spokesman of AXA, announcing appeal.
According to AXA, this litigation entails "a prejudicial confusion for all", with at first instance a third of decisions favorable to all insurers, as in Bordeaux on 11 January in another AXA case, against two favorable third parties At the insured. X1
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