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The Munich Regional Court has confirmed the action brought by the host of the Munich Augustiner winery, Christian Vogler. He had sued his insurance company, the Bavarian Insurance Chamber, for the payment of exactly 1,014 million euros due to lost revenue during the state-ordered shutdown.
After a nationwide wave of Corona lawsuits against insurers unwilling to pay, the district court awarded a plaintiff innkeeper the required amount of millions for the first time.
Bavaria owner: “All of Germany will benefit”
The verdict is the first of dozens of pending proceedings in the dispute in Munich alone. “All of Germany will benefit from this,” Vogler said happily after the verdict was announced. He fought less for himself than for many other hosts. “It’s about the existence of companies.” Allianz also defends himself in several lawsuits against the restorer’s lawsuits.
Insurance: the policy does not cover the corona pandemic
In early March, a few weeks before the forced closures, Vogler had taken out business closure insurance with the Bavarian Chamber of Insurance. The landlord demanded compensation for the loss of income.
However, the insurance did not want to pay because the policy did not cover a pandemic. Officially ordered closures based on the Infection Protection Act are covered in the insurance conditions, but the Covid-19 pathogen is not mentioned.
Munich District Court: contract conditions are not transparent
The court argued that these contractual terms were not transparent. “We are of the opinion that an insured cannot be expected to be familiar with the Infection Protection Act,” said Presiding Judge Susanne Laufenberg.
According to the Chamber, the legal form and legality of the order are irrelevant. The plaintiff did not have to act against the orders. In addition, it is not necessary for the coronavirus to appear in the plaintiff’s company, it only depends on the plaintiff’s company being closed due to the Infection Protection Law, according to the ruling.
Help corona not taken into account
In addition, as regards the amount of compensation to be paid, neither part-time benefits nor state liquidity aid from the crown should be taken into account to reduce the claim, according to the court. Because these are not compensatory payments for company closings. The verdict is not yet legally binding.
Chamber of Insurance Appeals
The defeated insurance chamber does not want to admit defeat: “Once the written reasons for the verdict are available, we will treat them with care and take the opportunity to appeal,” the company said.
