Logo of the insurer Axa -
LOIC VENANCE AFP
The L'Ombrière restaurant in Bordeaux was dismissed by the Bordeaux commercial court of its claim for compensation for operating losses resulting from its closure during confinement linked to the Covid-19 crisis.
Why ?
Because it was only insured "in the event of an epidemic in the restaurant," said David Dumontet, the establishment's lawyer.
The contract provided that the guarantee of the insurer AXA was likely to come into play in the event of administrative closure of the establishment and for a cause relating to a contagious disease or an epidemic, but without defining the latter term.
In addition, an exclusion clause indicated that this guarantee was not due if at least one other establishment in the department was closed for the same cause.
The restaurant will appeal
The court ruled that "it is not because of an epidemic in the establishment that the restaurant was closed" and that "the disputed contract covers cases of epidemic occurring within the restaurant and not at the outside of it ”.
The consular court deduced that the exclusion clause was indeed applicable and that Axa was right to reject L'Ombrière's claim for compensation, estimated by the restaurant at 298,530 euros.
The restaurant's lawyer warned he was going to appeal.
Several restaurateurs customers of Axa have in recent weeks in France sued the insurer with mixed decisions.
Some courts have condemned the insurer, as in Paris in mid-September, others have dismissed the plaintiffs, as in the case of starred chef Michel Sarran in Toulouse in mid-August.
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