Business closure due to Corona: Does the insurer have to pay?

Many companies are affected by plant closures ordered by the authorities to prevent the corona virus from spreading.

This applies in particular to hotels and restaurants. Those who believe that they have provided for this case with a business closure insurance are now disappointed by numerous insurers: they refuse any payment or offer only 10-15%, such as Allianz, Generali and AXA. The reason given is that the corona virus is not one of the notifiable and insured diseases or pathogens. In fact, the corona virus is not included in the list of insured diseases or pathogens in the insurers' policy conditions, which are based on the Infection Protection Act. This is usually due to the fact that the corona virus was only included in the list of notifiable diseases and pathogens under the Infection Protection Act in February of this year - and thus after the conclusion of the respective insurance contract. This does not mean, however, that the insurer is not liable. The interpretation of the terms and conditions which are decisive for the insurer's obligation to pay usually shows that the insurer must pay and cannot hide behind its (outdated) clauses. BMH Bräutigam already advises and represents several clients in this field - soon you too?   Dr. Benedikt Bräutigam Tel.: +49 30 8 89 19-141 E-Mail: benedikt.braeutigam@bmh-partner.com   Dr. Matthias Kuballa Tel.: +49 30 8 89 19-141 E-Mail: matthias.kuballa@bmh-partner.com   Dr. Annette Schwab Tel.: +49 30 8 89 19-141 E-Mail: annette.schwab@bmh-partner.com