The loss due to the confinement : a restorer wins his battle against his insurer The Point

The commercial court of Paris ruled, on Friday, may 22, in the case of the most followed at the moment. It ordered Axa to indemnify the conservator parisian Sté

The loss due to the confinement : a restorer wins his battle against his insurer The Point

The commercial court of Paris ruled, on Friday, may 22, in the case of the most followed at the moment. It ordered Axa to indemnify the conservator parisian Stéphane Manigold under its operating losses related to the closure of one of its institutions, because of the health crisis. By definition, this type of coverage compensates for the decrease in the turnover and must allow the contractor to meet its fixed charges for overhead (depreciation, taxes, rent, staff salaries, loan interests,...). This insurance also helps to bear some additional expenses following the accident.

it All began on the 17th of march. Three days after the close of her four restaurants because of a pandemic, Manigold turns to his insurer in order to benefit from the support of its operating losses. This quadra, whose establishments are close to 6 million euros turnover per year and have 52 employees, is convinced to be the holder of contracts and property and casualty, covering the whole of the operating losses of its establishments in the case of closure, even in the midst of a pandemic. He starts to say it out loud, to make a great noise, linking media outlets – RMC, CNews, TF1, etc

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A reconciliation that was not completed

To hear it, the French insurer is to shield its contractual obligations. What refutes Axa. The discussion turns short. At the end of April, the head of the company decides to enter the commercial court of Paris on the situation of one of its four business, The Bistro next to Flaubert, which records a annual turnover of € 350,000. Stéphane Manigold has obtained the payment, as an advance, of 45 000 euros, "under penalty of a fine of 1000 euros per day, starting on the 15th day of the meaning (of the decision) and that, for 60 days, a period beyond which it will be made a new law." The warranty operating losses for this restaurant is capped at 6 months, according to the contract between the two parties.

in recent days, Axa had attempted a reconciliation with Manigold, which was not successful. According to our information, a sum equivalent to 20 % of the turnover excluding vat for the duration of their closure – that being capped to 4 months – have been proposed to several restaurateurs, with the same type of contract that Stéphane Manigold. The latter became in a flash a serial restaurateur in Paris. After hatching Substance in October 2018 and Contrast in September 2019, it has passed the upper speed leaving his position of director of major accounts at Audi last march. This epicurean, a lover of champagne, is paid a fireball mythical, and includes, at the end of December 2019, The House Rostang, two stars in the Michelin Guide, and its table adjoining The pub Next to Flaubert.

The insurance sector would be endangered if he paid a claim for which no one has contributed.

Since the beginning of the health crisis, it is a "hero" for many craftsmen and small traders, brought against their insurance, which they require to cover their operating losses. Except that this type of guarantee is very exceptional, for the closures of administrative, especially in times of a pandemic. Many professionals have argued the Point, moreover, that Manigold is taking advantage of a " mistake of the pen ", a " contract badly put together ". 5 000 to 6 000 contracts of the same caliber as that of the Parisian would be in circulation, through several brokerage firms.

In an interview with the JDD on April 5, the CEO of Axa, Thomas Buberl, stressed that" a business can be insured against the risk of loss from operations related to an outbreak, even if it is quite rare that a company takes this type of insurance. On the other hand, we cannot support all of the uninsured losses caused by the confinement. (...) The insurance industry would be endangered if he paid a claim for which no one has contributed. "

The insurer could appeal this decision. For its part, Manigold would already claim the same type of compensation for his three other institutions. The battle is not over yet.

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Updated Date: 22 May 2020, 11:33

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