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Thursday, October 01, 2020
This ruling could be revolutionary: his insurance has to pay a Munich citizen around one million euros. He had to close his beer garden pub due to the corona pandemic.
After a nationwide wave of Corona lawsuits against insurers unwilling to pay, the Munich district court awarded the plaintiff innkeeper the required amount of millions for the first time. According to the ruling, the defendant insurance company has to pay the costs of closing the crown-related business to the tenant of the Munich Augustinerkeller, exactly € 1,014 million.
In the present case, the innkeeper had not taken out insurance until March 4, and therefore only 17 days before the forced closure, to protect himself from Corona. However, the insurance does not want to pay. Officially ordered closures based on the Infection Protection Act are covered in the insurance conditions, but the Covid-19 pathogen is not mentioned.
The board argued that these terms and conditions were opaque and therefore ineffective. “We are of the opinion that an insured cannot be expected to be familiar with the Infection Protection Act,” said Presiding Judge Susanne Laufenberg. Regarding the amount of compensation, neither the reduced-time work allowance nor the state liquidity aid from the crown were taken into account, as they are not compensation payments, the Munich I district court ruled. The decision is not final yet.
Victorious owner Christian Vogler sees the decision as a signal to life-threatening restaurateurs across Germany – many homeowners don’t have the money to pay a lawsuit. “Now we have done preparatory work for them.” The insurance company that failed does not want to admit defeat: “Once the written reasons for the judgment are available, we will treat them with care and take the opportunity to appeal,” the company said.
