Munich Oktoberfest host Christian Schottenhamel is mad at his insurance.
She does not want to pay for the damage caused by the corona lockdown.
Now the agreement.
The Munich host Christian Schottenhamel suffered enormous damage during the lockdown.
The insurance should actually take care of the failures - but it is not.
A settlement has now been reached in the case.
Update from October 21:
He would have won in court - but in the legal dispute with
Allianz
,
Christian Schottenhamel
(57) withdrew his lawsuit.
"There is an out-of-court settlement," says Benjamin Kuttenkeuler, spokesman at the regional court.
Münchner Wirt happy about the agreement with the insurance company
Originally had
Schottenhammel
the
Alliance
sued for 1,134,000 euros, because the
insurance
its damage from
lockdown
at
Nockherberg
did not want to pay - "a huge breach of trust".
At
Allianz
, "unfortunately every possibility is being sought to slip away from responsibility," said
Schottenhamel
at the start of the process in September.
And announced that he wanted to win a
verdict
- also because he was "about the whole industry".
Now the U-turn.
"We are satisfied with the result and are pleased that we have
reached
an
agreement
," says the landlord to
tz
.
He shouldn't talk about the level of the agreement.
Reason: "I have signed a
confidentiality
agreement."
According to reports, the amount
Schottenhamel
receives
from
Allianz
is
likely to be
in the one
million
mark.
Because the damage that he had claimed in court is calculated in daily lump sums, on the basis of which the amount in dispute before the regional court is also measured.
With less than the required
1.1 million euros
, the will
host
hardly satisfied - especially since it also the revenue from
Starkbierfest
missing.
Munich hosts are successful with their lawsuits in court
The
court
had already indicated that
Schottenhamel's
demands were
"not opposed to anything".
Christian Vogler from the
Augustinerkeller
had
already won
his
lawsuit
.
Schottenhamel
also had the best chances, but now reached an agreement - probably to circumvent other instances.
Thomas Geppert from the Hotel and Restaurant Association: “You can understand every landlord who prefers to make a
settlement in
order to have the money directly.
This is all the more true as the situation in our
industry is
currently worsening again. "
First report from September 24, 2020
Munich
- It was a "huge breach of trust," says
Christian Schottenhamel
(57).
“Of course I'm very disappointed.” Because
the
Oktoberfest host had
counted
on
Allianz
: He had taken out
insurance there
in the event that he had
to close
his business on
Nockherberg
.
This case had now occurred in the Corona * crisis - but
Allianz
refuses to settle the damage.
That is why
Schottenhamel has
sued - and is demanding a total of
1.1 million euros
.
Munich restaurateur is suffering from the damage caused by the lockdown
As with other
Munich inns
, the
restaurants had
to remain closed from mid-March to mid-May.
“This
resulted in a
lot of
costs
, but the
strong beer festival was also
canceled here,” says
Schottenhamel
.
Around 70,000 guests were not allowed to
celebrate
at the
Nockherberg
during the festive
season.
“We had to destroy 36,000 liters of beer alone.” He does not want to be left with the damage.
A short while ago it was said that Schottenhammels colleague from Nockherberg will take over the Oktoberfest tent "Bräurosl".
But
Allianz
does not feel it has an obligation.
The
insurance company
argues that Corona * was not part of the policy.
The
insurance cover
therefore only applies to diseases and pathogens that are
expressly mentioned
in the
contract
.
The problem:
Covid-19
is of course not yet listed there.
And: the insurance conditions are partly contradicting, so the court.
This is what the bars and restaurants are like in Bavaria (video)
Munich Oktoberfest restaurateur angry: Insurance is in the process across the board
“I wanted to
secure
myself with
Allianz
.
Unfortunately, every possibility is now being sought there to shirk responsibility, ”says
Schottenhamel
.
Because
in the process that began last week,
the
insurance company
also denied that the Corona forced closings were legal - and that the
Nockherberg was
actually closed.
From the court's point of view, a diversionary maneuver: "Denying in the dark is not permitted," said judge Susanne Laufenberg.
Schottenhamel
adds: "I can prove that all around 100 employees, including the cooks, were on
short-time work
."
He has great hope "that the
judgment will be
positive for us".
He is also concerned with the entire industry: some innkeepers had to give up, others are still struggling with the consequences of the
lockdown
.
"We'll pull this through to the end," promises
Schottenhamel
.
The court has already indicated that there is
probably “nothing opposed to
the claim of the
host
”.
The verdict is due to fall on October 20th.
(thi) * tz.de is part of the Ippen-Digital network.
You can find the latest news on Corona events in Munich in our news ticker *.