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Weird News Indemnification / Covid-19: a court rules in favor of a restaurant owner facing Axa

20:16  22 may  2020
20:16  22 may  2020 Source:   europe1.fr

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Stéphane Manigold, à la tête du groupe Eclore, avait assigné Axa France, son assureur, qui refusait d'indemniser les pertes d'exploitation d'un de ses établissements, fermé en raison de l'épidémie de coronavirus. © JOEL SAGET / AFP Stéphane Manigold, head of the Eclore group, had summoned Axa France, his insurer, who refused to compensate the losses of operation of one of its establishments, closed due to the coronavirus epidemic.

The Paris Commercial Court ruled in Friday, in summary proceedings, to a Parisian restaurateur who had summoned his insurer Axa France after his refusal to compensate the operating losses of one of its establishments, closed as part of the coronavirus crisis.

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Stéphane Manigold, head of the Eclore group, considered that the insurer was evading its contractual obligations concerning its establishment Le Bistrot d'à Flaubert side, located in the 17th arrondissement of Paris, one of the four restaurants he runs with La Maison Rostang, Substance and Contraste. The restaurateur denounced "the explosive allegation of Axa France which maintains" that the government order of March 14 announcing that establishments such as restaurants could no longer accommodate the public, "does not constitute a decision of 'administrative closure'".

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"A great moment for the big and small bosses who are suffering"

Friday, during a summary decision, the court ruled in favor of Stéphane Manigold, he announced during a press conference. "Today is a great moment for all the big and small bosses who are suffering, who gave me the energy to fight. Axa put in disproportionate means to annihilate us. We faced a multinational, and we won, "said tears in his voice, Stéphane Manigold.

Axa to appeal

Axa had stated that its contracts did not provide for covering "operating loss in the course of decisions by ministerial orders consisting in generally prohibiting public access to certain establishments to combat the spread of a virus ".

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"The court gave us two and a half months on our gross margin. If the judgment is final, I want to reimburse the state," he said. But Axa has already confirmed its intention to appeal.

The concern of restaurants

A standoff has opposed hoteliers-restaurateurs and insurers for weeks, the latter opposing a majority of dismissal to requests for coverage of operating losses. Restaurants and cafetiers will know at the end of May if they can reopen from June 2 in departments classified as "green". Some 55,000 establishments in the sector, cafes, hotels, restaurants, nightclubs - out of a total of 94,000 tourism businesses - have already obtained a loan guaranteed by the state.

Friday, around sixty chefs, including several starred ones like Gérald Passédat, Marc Veyrat, Michel Saran and Gilles Goujon, put forward several claims, including one asking that insurance companies "imperatively take care of the operating loss for all up to from 15 to 25% ", and launched" a health catastrophe guarantee fund ", in a letter sent to AFP.

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