• Live All the last hour of the coronavirus

  • Closure by Covid Insurers revolt before the ruling that forces them to compensate: "It does not go to the bottom of the matter"

  • Gerona An insurer is sentenced to compensate a pizzeria for losses during confinement

The Court of First Instance number 14 of Granada has sentenced an insurer to pay 80,000 euros to a restaurant that had to close during the

hardest stage of confinement

because it understood that the cessation of the activity of this business imposed by the Government within the framework of the measures to stop the expansion of the coronavirus

is included within the coverage of the

establishment's

policy

and therefore is subject to compensation.

This restaurant was forced to close in March 2020 and

for 80 days

, in the toughest stage of the pandemic in which the Government decreed the closure of all non-essential activity to fight Covid-19, as detailed to Europe Press the lawyer who has handled the case, Antonio Estella, of the MLegal law firm.

The

key to the matter was to determine the existence or not of coverage

in the policy subscribed by the restaurant, depending on both the coverage contracted and the qualification of the clause and, in general, if the situation generated after the Royal Decree of 14 of March that led to the closure of this Granada restaurant was cause for compensation.

In the judgment, to which Europa Press has had access, it is stated that the wording of the clause under dispute states that the loss of profits as a result of any claim whose material damage is covered by the risk is included in the definition of risk. the policy and indicates that

any type of cause of activity stoppage

is included in the scope of the contract.

As the resolution adds in fact, the owner of the establishment expressly requested when they presented the first proposal of the policy that it include the guarantee of cessation of activity, which was signed at his request, being one of the guarantees whose

premium is higher

.

Along with this, the judge considers that "neither can it be considered that the pandemic situation that gave rise to the adoption of the measures contained in the Royal Decree declaring the state of alarm - today declared unconstitutional - can be considered included in the force majeure defined by the Civil Code as those events that could not have been foreseen, or that, if foreseen, were unavoidable (...) inasmuch as the possibility of periodically suffering pandemics is a fact recognized by the insurance sector itself ".

Thus, the court

has fully estimated the lawsuit

filed by this restaurant against the insurer, which has been sentenced to pay 80,000 euros plus interest, as stated in the resolution, against which there

is an appeal

.

According to the criteria of The Trust Project

Know more

  • Coronavirus

  • grenade

  • Justice

  • Covid 19

HosteleríaZalacaín: this will be the reopening of the 'biutiful' restaurant with Urrechu, the real estate Manuel Marrón and where the King took the little Búcaro Don Pío

CataloniaBarcelona no longer receives King Felipe VI with noise

Balearic Islands The Palma judge annuls the confinement of the 180 students who have not tested positive for Covid

See links of interest

  • Last News

  • Holidays 2021

  • Holidays Andalusia

  • Home THE WORLD TODAY

  • South Korea - Spain, live

  • Wang Qiang - Garbiñe Muguruza, live

  • Sara Sorribes - Fiona Ferro, live

  • John Millmam - Alejandro Davidovich, live

  • Iga Swiatek - Paula Badosa, live