Corona crisis: insurers must pay.
To prevent the corona virus from spreading, all German federal states have ordered extensive shut downs of establishments. This particularly affects hotels and restaurants. Unlike in the retail sector, it is currently not possible to predict when hotels, restaurants, cafés and bars will be able to reopen.
Those that have taken out insurance against the closure of establishments due to risk of infection are now being disappointed by insurers: they refuse to pay the usually agreed daily compensation, on the grounds that the new corona virus is not one of the insured diseases or pathogens and that the ban on accomodation is not a closure of establishments, as it only applies to tourist guests and business travellers can still be accommodated. However, since the insurers themselves know that these arguments are not valid and will hardly convince the courts, they are offering a goodwill payment of 15 % if the customer waives all further claims. We warn against accepting this offer: after a thorough analysis of the insurance terms and conditions of the major insurance companies, we are convinced that they must provide cover for insurance against the risk of infection even if the corona virus is not expressly included in the list of insured "reportable diseases and pathogens". Nor can the insurer reproach a hotelier for continuing to accommodate business customers, so that there can be no question of an official closure. In the case of hotels which, due to their location and facilities, are aimed exclusively or primarily at holiday guests this is downright cynical. We have therefore brought an action against ERGO and Allianz on behalf of our clients. According to our information, other large insurers such as HDI or Signal-Iduna are basically willing to pay.
Team BMH BRÄUTIGAM
Dr. Benedikt Bräutigam, Dr. Annette Schwab
already advises and represents several clients in this field - soon you too