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The virus outbreak must have taken place at Norefjell Ski and spa, and could not have already been a pandemic, believes the Codan insurance company. – Training, Petter Stordalen replies.
– My house is on fire and I will rebuild it. And I have insurance. Then they have to pay the money. And if Codan speculates that time is in their favor, then they are wrong. I have all the time in the world.
Petter Stordalen tells E24 this after his Strawberry Group met this week with Codan Insurance at the Oslo District Court.
The dispute is over Norefjell Ski and the spa is insured against the damaging effects of the covid-19 pandemic, specifically as a loss from hotel disruption.
If confirmed, the other 180 Stordalen hotel operating companies may be entitled to similar claims. In total, Nordic Choice has 245 units insured with Codan, all of which will be evaluated.
– My opinion has been from day one that we have insurance that covers an epidemic, and everyone, perhaps with the exception of Codan, is aware that a pandemic is a global epidemic, says Stordalen.
– If we need to send 25 experts from WHO or elsewhere, Codan will not be able to send one who dares to claim that there is a difference between an epidemic and a pandemic.
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When it’s cleared up, the next question will be whether you’ve suffered a loss, Stordalen says. The entire tourism industry has “obviously” done that, according to the king of hotels.
– Whether as a result of the pandemic or the epidemic, there is no difference. The only novelty that has entered, which means that we have a drop in billing, are precisely the clear restrictions of the authorities, he says and points out that they cannot, for example, hold conferences and sell alcohol.
– That loss is limited to 3 million per hotel. That part of the case I think is indisputable. And then it’s probably true that you have to wait for what the judge says, but my experience is that the insurance company here makes it especially difficult on a relatively thin foundation.
– Then try to train this as long as possible does not speak to Codan’s benefit.
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Codan: It must have happened at the hotel.
But the pandemic must have occurred at Norefjell Ski and spa if the hotel had received coverage for the loss, the insurance company believes.
Codan’s lawyers knew that an outbreak covered by insurance must have occurred at the insurance site and therefore the covid-19 pandemic is not insured.
– A distinction is made between three stages. The first is an epidemic outbreak. The second is an epidemic. And in February-March of last year, a global pandemic was declared. Only the first stage is covered by insurance, but also under the condition that an outbreak occurs at the relevant insurance site, lawyer Jørgen Svartebekk said during his procedure on Friday.
In other words, Codan Insurance believes that if Norefjell is to be covered against losses as a result of the corona pandemic, then it must have been in the outbreak phase, and it also took place at the hotel in Krødsherad. The coronavirus originated in China.
– It fits nicely into Codan’s string of attempts to build that we don’t have insurance where it’s clear what it covers, Stordalen says of the claim.
Codan communications manager Georg Richvoldsen does not want to comment on Stordalen’s criticism or the case in general on Friday afternoon.
Richvoldsen has previously noted that the case is decided by the courts.
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Following the proceedings of Codan’s attorneys, Strawberry Group attorney Jan B. Jansen handled Codan’s claims.
– I must say that today I was quite surprised by what I heard. There are a lot of strange things that came up in the defendant’s proceeding, and I have some comments, Jansen opened and directed his attention to the location requirement and Codan’s connection requirement.
He pointed out that the connection requirement in the terms of the insurance is that it involves guests in the hotel, who therefore cannot use it.
– Based on the interpretation of the wording and what is found in the outbreak, and what we hear is Codan’s opinion, we are in the book called “Catch 22”. There was someone who was so ill that he did not want to fly war flights, but if he did not want to fly, he was not ill either.
– Codan says that an outbreak should start in the hotel, but if it starts in the hotel, you’re not in an epidemic anyway. The great Norwegian encyclopedias say that an outbreak of a disease is not an epidemic, so the interpretation used is that there will be zero coverage anyway, Jansen said.
– We do not exceed the threshold of epidemics if you demand that you have your outbreak in the hotel.
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Jansen performed his own procedure on Thursday. He noted that the wording of the insurance contract should be followed.
– There must be strong evidence to show that the common understanding of the agreement deviates from the natural wording, he said.
Jansen thus emphasized an objective principle of interpretation.
– The wording should be followed, even if companies can refer to the relevant case law. The limitation must be clear, that is our central point.
Norefjell Ski and Spa has demanded coverage for loss of income as a result of people being unable to stay at the hotel, something that Jansen repeated in his procedure.
– Guests cannot stay there, they do not receive the money, it is the loss of income and it is a simple and direct scheme for a limited amount with an insured sum of 3 million.
Therefore, the Norefjell Ski og spas claim was for an insurance sum of NOK 3 million and legal costs were awarded.
Codan Insurance attorneys, for their part, filed a suit for acquittal and awarded legal costs.
The court administrator, Kim Heger, concluded that he could not date the verdict and would likely wait.