The hosts of the Klosterschänke in Dietramszell are demanding compensation from their insurance company for the corona-related closure.
However, a judge gives the couple little hope.
Dietramszell / Munich - Judge Andreas Zeug's information was clear: "The court points out that, according to current case law, the chances of success of the lawsuit are rather low," he said on Wednesday at the hearing at the Munich Regional Court II. Ursula and Florian Guggenbichler, who have been running the Klosterschänke in Dietramszell for almost eight years.
They had an insurance policy with Allianz that would be liable if authorities shut down businesses to prevent the spread of infectious diseases.
A closure of 30 days was insured, which the Guggenbichlers demand on the basis of 83,370 euros (we reported).
But: When the insurance was taken out around five years ago, Corona was far from being an issue.
The disease is therefore not mentioned in the contract when listing various infectious diseases.
It is therefore debatable whether the insurance will work.
"The anger in the stomach at the insurance industry is great"
After negotiations with the Ministry of Economic Affairs and industry associations, Allianz and some other insurers offered to pay restaurateurs 15 percent of the sum agreed in the policy.
The insurance lawyer confirmed this offer in court.
An amount of "15 plus X" is conceivable, he said when the judge proposed a settlement.
For the Guggenbichler couple, however, this is unacceptable.
The two would like at least half of the sum for a comparison.
“The anger in the stomach at the insurance industry is great,” says Ursula Guggenbichler.
“I am convinced that the offers for the large companies were better.” Because some restaurateurs have come to an agreement with insurance companies themselves.
The parties agreed not to disclose the exact agreements.
Several lawsuits dismissed
Different judgments were made in similar cases in other courts.
Several times, judges denied hosts' complaints.
Judge Andreas Zeug referred, among other things, to a ruling by the Stuttgart Higher Regional Court, in which the insurance company was right.
This is the "prevailing jurisdiction," he said.
On the other hand, in October, for example, the Munich Regional Court I awarded the landlord of the Augustiner Keller in Munich compensation of over one million euros from the Bavarian Insurance Chamber.
However, the judgment is not yet final.
The Munich Higher Regional Court will soon have to decide on the issue.
However, because there are still submission deadlines, a judgment cannot be expected until the second half of the year.
Ursula and Florian Guggenbichler are also ready to sue if they lose the trial at the Munich II district court.
Much suggests this, as the judge suggested.
The insurance company is still examining its offer of comparison, but the lawyer has already made it clear that he thinks it is "too high".
For Ursula and Florian Guggenbichler, continuing the process is a financial risk.
But: "Our sense of justice is clear," says Florian Guggenbichler.
“We're going to the next instance.” But first, on March 12th, the judgment at the Regional Court of Munich II will be made if the parties fail to come to an agreement.
Claudia Schuri
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