Justice orders Axa to compensate a restaurateur penalized by the Covid-19, a decision that could set a precedent

The restaurateur denounced “the explosive allegation of Axa France which maintains” that the government order of March 14 announcing that establishments such as restaurants could no longer accommodate the public, “does not constitute a decision of ‘administrative closure'”. Friday, in a summary judgment, the court ruled in favor of Stéphane Manigold, he announced during a press conference. “Today is a great moment for all the big and small bosses who are suffering, who gave me the energy to fight. Axa put in disproportionate means to annihilate us. We faced a multinational, and we won, “he said, tears in his voice.

Axa had affirmed that its contracts did not envisage taking in charge a “loss of exploitation at the time of decisions by ministerial decrees consisting in prohibiting in a general way the access to the public to certain establishments to fight against the propagation of a virus”.

The insurer decided to appeal

“The court gave us two and a half months on our gross margin. If the judgment is final, but Axa will undoubtedly appeal, I want to reimburse the state,” added Stéphane Manigold.

Questioned by hooly News during the referral, Axa defended itself by believing that “the insurability of a risk rests on mutualisation and the hazard”. However, according to the insurer, the closure of “businesses, restaurants, shops” imposed by a government is not a “hazard”, while a pandemic, “by its systemic and global nature, prevents any mutualisation since the entire population is affected at the same time “. The multinational has already announced that it is appealing the decision of the commercial court.

Arm wrestling to take care of operating losses

For several weeks, a showdown has opposed hotel-restaurateurs and insurers, the latter opposing a majority of dismissal to requests for coverage of operating losses.

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