The commercial court of Nanterre sentenced the company Albingia to pour 450 000 euros of provisions to five hotels to cover two months of operating losses.
The tribunal de commerce of Nanterre, to which the matter referred by five hotels, has condemned the insurer Albingia to pay 450 000 euros of provisions to cover two months of operating losses related to the epidemic of Covid-19, pending a detailed expertise, a-t-we learned this Sunday.
the Five institutions of the brand Originals Hotels, managed by HHP Hotels in the paris region, had assigned their insurer for interim relief on July 9, after having sent a statement of claim, following their closing on the 15 march. According to the order made Friday, of which AFP has obtained a copy, the court found that the "operating loss incurred by the hotel companies (were) covered by insurance policies taken out with Albingia".
guarantee Clause entitled "temporary closure" administrative
"Whereas, the total amount of these losses is still not encrypted" and, pending the report of a technical expert, appointed by the court, the company Albingia was therefore ordered to pay 450 000 euros of provisions, to its customers.summer Offer : Take advantage of the special offer 2 months for 1€ I subscribe
In a statement to the AFP received in the early afternoon, the insurer has announced that it will be an appeal of this decision, which is not according to him, "a judgment on the merits of the subject". It is estimated to see a "divergence of interpretation of the contract." "We are sensitive to the difficulties experienced by the hospitality sector, but insurers cannot absorb the consequences of the economic crisis, which is outside of the contractual framework," adds Albingia.
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In its order, the court explained that an indemnity provision entitled "temporary closure administrative", chapter "operating losses", states although are covered "those which are the direct result of the temporary closure of the property insured by the municipal authorities or the prefectural response to only the following events : murder, suicide, contagious disease, epidemic, food poisoning or poisoning". This clause is drafted in terms (that) are clear and are not subject to any interpretation," says the court.
in its defence, the insurer argued that, in the present instance, the hotels had not been forced to completely close and that the closures are due to a ministerial order had not value of closing administrative municipal or prefectural. But, on this point, the court of Nanterre dismissed the insurer, holding that "the ministerial decrees ( ... ), with national implementation", it was not necessary to invoke a decision prefectural or municipal. And that, moreover, the hotels, if they had remained partly open, had been that to receive the health care staff mobilized to fight the epidemic.
To the deputy director of HHP Hotels Stephane Flambert, this court decision was a "first round". It asks "insurers to take account of the daily difficulties faced by the café owners, hoteliers and restaurateurs, for whom the shops are often the tool of work, heritage, and also sometimes the home".
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at the End of June, the insurance group Axa announced it had reached an agreement with several hundreds of restaurateurs to indemnify "a substantial part" of their operating losses related to the crisis of the Covid-19. This announcement came in particular after the dispute is highly publicized between the insurer and the restaurant parisien Stéphane Manigold.
at the end of an emergency procedure in summary proceedings at the end of may, the Paris commercial court had given reason to the restaurateur, who felt that Axa is to shield its obligations regarding the four institutions that he runs in Paris. The Crédit Mutuel group has also been contested in court, via summary proceedings, by a conservator of Annecy. In this case, the court considered, however, not be in a capacity to settle this dispute.