Logo of the insurer Axa - LOIC VENANCE AFP
The Tarascon commercial court, in the Bouches-du-Rhône, sentenced Axa on Monday to compensate a restaurateur in the Alpilles for his operating losses due to the Covid-19 epidemic, deeming the clause to be "unwritten". exclusion of guarantee advanced by the insurer.
This judgment, which could set a precedent, takes the opposite view from that of the Toulouse commercial court which, on August 18, in a similar case, had rejected the starred chef Michel Sarran, restaurateur in the pink city and member of the jury of the show Top Chef on M6.
In this judgment, of which AFP obtained a copy via the restaurateur's lawyer, Me Jean-Pierre Tertian, the Tarascon commercial court considers "unwritten" the warranty exclusion clause included in the contract signed between Axa and the restaurant La Bergerie de Mouriès, in the Alpilles mountain range, near Aix-en-Provence, this being "neither formal nor limited". Consequently, he condemns Axa to compensate the restaurateur up to 114,105 euros for his operating losses between March and May.
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