World COVID-19. A thousand restaurateurs attack their legal insurer to be compensated for

18:55  06 may  2021
18:55  06 may  2021 Source:   ouest-france.fr

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Un restaurant fermé à Nice le 1er avril 2021. © Eric Gaillard / Reuters A closed restaurant in Nice on April 1, 2021.

According to the union of the self-employed, 15,000 restaurateurs and other professionals could attempt to obtain reparation their losses due to COVID-19 to the AXA insurer.

The Independent Union (SDI) announced Thursday Assign the insurer AXA in court on behalf of a dozen members in several courts, considering that in total 15,000 restaurateurs and other professionals could attempt to obtain Repair of their losses due to COVID-19.

The union argues that two-thirds of those who have already made the process have been successful in first instance, forcing the insurer to compensate them.

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Some 15,000 companies - especially restaurants, but also according to the SDI of bars, hotels, gyms, discotheques, spas - hold a standard contract of the insurer who guarantees operating losses due to a consecutive administrative closure. an epidemic.

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AXA invokes a contract clause not to pay

for a year, AXA invokes, to justify its refusal to compensate its insured, A clause of this contract that excludes this warranty "when at least another institution" of the same department was the subject of an " administrative closure for an identical cause".

OR, "On about 80 first instance decisions, two-thirds have been favorable to insured" , reports the lawyer Guillaume Aksil, from the Cabinet Lincoln council lawyers, who will plead for the members of the SDI.

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interrogated by AFP, the insurer says "understand the distress and the concern in which many independents and TPEs" are plunged today, "Reason for which, since the beginning of the crisis, AXA France mobilized nearly 3 billion euros to support the revival of French companies ". decisions on appeal to come

in February,

the Court of Appeal of Aix en Provence inflicted at AXA his first defeat on appeal

against a restaurateur Marseille, judging that the exclusion clause had to be ruled out because it "deprives its substance the essential obligation of guarantee". The group says

"wait for future appeal courses"

, noting that in " first instance, one third of the judgments dismissed the insureds". Toulouse and Rennes appeal courses should decide on May 25 and June 9, respectively. after an

"amicable negotiation"

during which mutual or banking insurers have paid lump sums to extinguish the litigation, AXA has been inflexible, according to the union, which claims 25,000 members, independent and TPE, who decided to turn to justice.

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"The insurer has sometimes made a gesture for customers at the resounding media aura. Our action aims to defend anonymous which can not afford to restore a balance in this fight "

, explains to the AFP its president, Marc Sanchez. According to him, among the approximately 30 to 40,000 restaurateurs who could go bankrupt at the end of the crisis - union survey surveys with members - 15,000 could

"take out the head of the water"

They were compensated by AXA, and that "alleviate the solidarity fund, financed by the taxpayer '. Nearly 1,000 procedures launched according to a lawyer

Among the compensated professionals, Johann and France-Marie Rossi who manage the Ambata restaurant in Porticcio, in Corsica, received a provision of € 115,000, which allowed

" Bridging bank overdraft, paying suppliers and doing work: the beachfront property has suffered from the spray during closing.

, says Rossi to AFP. today

"There are not even 1,000 procedures launched in France»

estimates me Aksil. "This means that there are at least 14,000 people in nature, which may be entitled to something ... it's the of them we want to inform: in a year, it will be too late to act". Because the courts, he says, decide these disputes only within two years of the claim: after the spring 2022, the insureds could no longer claim to be compensated for the losses of the first confinement.

For its part, the main union of the hotel-restoration, the UMIH, favors the negotiation with the insurance companies.

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This is interesting!