Umih, the main hotel and catering union, has created an online platform to provide legal support up to and including legal action to professionals wishing to claim compensation from their insurer for their loss of business. exploitation due to Covid-19.
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Whether they are members of Umih or not, professionals in the cafes, hotels, restaurants and nightclubs (CHRD) sector, which according to the employers' union represent some 150,000 companies in France, will be able to check on this "
secure portal
" () whether their contract covers operating losses linked to the pandemic.
Confusion in insurance contracts
Six insurance policies of the companies Axa, Crédit Mutuel-CIC, BPCE, Allianz-AGF, Generali and MAAF have already been identified by Umih, advised by the firm BFPL Avocats, as likely to cover the "
operating loss in this context of health crisis
, ”said Tuesday Alain Grégoire, President Umih of the Auvergne-Rhône-Alpes region.
There is "
great confusion among policyholders: only 2 or 3 out of 10 contracts cover the pure operating loss, linked to an administrative, random closure, due to an epidemic
", specifies AFP Christophe Pech de Laclause, lawyer partner in BFPL firm.
Generally, the operating loss covered is that "
following a guaranteed material damage: a fire, a machine breakage
", and the insured is not entitled to anything in the context of Covid-19.
Collective action by hotel and restaurant professionals
By downloading his insurance policy and the necessary documents on the platform, and for 200 or 350 euros depending on whether he is a member of the Umih or not, the professional will be able to put together a file and find out if he is eligible for collective action.
He can then contact the law firm BFPL and sign an honorary agreement online at a flat rate, depending on the turnover of his company.
Read also: Insurers do not want to carry (alone) the burden of the pandemic
Once "
a significant number of individual actions with a specific financial claim
" have been gathered, BFPL "
will enter into an amicable discussion
" with the insurers in order to "
try to find a reasonable agreement
", said Christophe Pech de Laclause, lawyer associated with the within the cabinet.
This “
collective approach
” has “
nothing to do with group action, reserved for consumer law
” in France, he told AFP.
"
It is an almost industrial process to constitute the claims files: if we do not do that, the insurers will not even look at the file
", estimates the lawyer.
In case of refusal of amicable negotiation “
the question of contentious actions will arise
”.
In addition, Umih will announce "
in the coming weeks
", according to Mr. Grégoire, the development, with an insurance company, of a policy including a guarantee of business interruption without damage linked to an administrative closure. due to a pandemic.
