Logo of the insurer Axa -
LOIC VENANCE AFP
They won their case.
The insurer Axa was ordered to compensate two restaurateurs located in the Old Port of Marseille, according to a decision of the commercial court of the second largest city in France taken Thursday.
The two restaurants had sued their insurer Axa, which refused to compensate their operating losses, following the ban by the Ministry of Health to restaurants and bars to open between March 15 and June 2.
The two claimed compensation of 32,504 and 215,000 euros.
Axa considers the decision "incomprehensible"
The commercial court ordered the insurer to pay them 23,000 and 92,800 euros respectively "as a provision" and rejected the exclusion clause put forward by Axa so as not to cover financial losses in the event of an epidemic.
In its contract, the insurer stipulated that operating losses were excluded from its cover when "at least one other establishment" in the department is "the subject of an administrative measure for an identical cause", a formulation which covers the current epidemic, according to Axa.
"To be formal, the clause must be clear, precise and unequivocal, guaranteeing the necessary information of the insured allowing him to determine the cases for which the risk is not covered", considers for its part the court in its judgment .
A decision deemed "incomprehensible" by the insurer in view of recent decisions.
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