The insurer Axa was ordered to guarantee the financial losses caused by the confinement of two Marseille restaurateurs, according to a decision of the commercial court consulted on Friday by AFP that the insurer considers "
incomprehensible
" in view of recent decisions.
Read also: The war rages between restaurateurs and insurers
The two restaurants located in the Old Port had sued their insurer Axa who refused to compensate their operating losses, following the ban made by the Ministry of Health to restaurants and bars to open between March 15 and June 2.
The two claimed compensation of 32,504 and 215,000 euros.
On Thursday, the commercial court ordered the insurer to pay them 23,000 and 92,800 euros respectively "
as a provision
" and rejected the exclusion clause put forward by Axa so as not to cover financial losses in the event of an epidemic. .
In its contract, the insurer stipulated that operating losses were excluded from its guarantee when "
at least one other establishment
" in the department is "
the subject of an administrative measure for an identical cause
" - a formulation which covers the current epidemic, according to Axa.
"
To be formal, the clause must be clear, precise and unequivocal, guaranteeing the necessary information of the insured allowing him to determine the cases for which the risk is not covered
", considers for its part the court in its judgment .
“
The exclusion clause opposed by Axa France Iard, once again declared unwritten, is less and less an obstacle to compensating traders who are victims of the health crisis.
This clause is abusive
”, rejoiced the lawyer of the traders Me Jean-Pierre Tertian.
In August, the Tarascon commercial court (Bouches-du-Rhône) had already ordered Axa to compensate a restaurateur in the Alpilles.
On the other hand at least three of his colleagues, including the Michelin-starred chef Michel Sarran in Toulouse, had been dismissed in similar cases.
Tuesday, the court of Bordeaux had ruled in favor of Axa, estimating that the trader who attacked him was "
insured only in the event of an epidemic within the restaurant
".
Read also: At Axa, we say we're ready to face a new confinement
"
We are in the misunderstanding in the face of the decisions of the Commercial Court of Marseille (...) which say the exact opposite of that rendered four days ago in Bordeaux exactly on the same contract and the same clause
", reacted for his part, Axa with AFP.
“
Our contract in question cannot lead to compensating customers for the consequences of the Covid-19 epidemic.
The judicial confusion therefore seems total to us.
This instability, which is very regrettable, does not benefit anyone, neither the restaurant owners who are already very worried, nor the insurers,
”added the group.
