Stéphane Manigold, restaurateur parisien, and its insurer, Axa, announced this Tuesday an agreement had been reached, putting an end to a dispute hyped for the compensation of operating losses related to the health crisis.
read also : 40% of restaurants are really close by the end of the year?"We opened the dialogue, it was discussed and it was settled out of court", told AFP Stéphane Manigold. The two parties have refused to reveal the details of the transaction, but gave up the procedures. "We are pleased to have reached an agreement with stephen Manigold," said to AFP the communications director of Axa France, Eric Lemaire. "For a long time now he had been offered to come to the table".
The tribunal of commerce of Paris was given because the restaurateurAt 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. "This is a great time for all the little and the big bosses who suffer", said the restorer. "We played against a multinational, and we won".
He had signed a contract that provided for indemnification of its operating losses in the event of closure and, therefore, called to benefit from it in the context of the overall closure of restaurants from mid-march in the face of the crisis of the sars coronavirus.
The insurer refused, arguing that the contract involved the closure insulated to a restaurant by the authorities, and not a measure of a general nature such as that decided in the face of the pandemic. The insurer was ordered to pay two and a half months of operating loss calculated on the gross profit margin of the restaurant.
"I have found offers them enough because it has re-opened at the end of three months", has tempered Stéphane Manigold. "It is not up to par with what I expected, let's be clear, but now that the déconfinement is there, it is necessary to take care of our customers". Approximately 1700 restaurateurs have the same contract as Stéphane Manigold. "We have really done everything to get in discussions with all those that requested it," said Eric Lemaire, "and we already have 600 agreements with restaurant owners who also seem to be happy."
many, many cases likeIn recent weeks, the issue of compensation of losses of the operating companies and independent consecutive to the crisis of the Covid-19 has given rise to many controversies. A contractor has recently, for example, chained in front of the headquarters of his insurance to seek compensation.
many entrepreneurs, especially bosses of small and medium-sized enterprises, accuse indeed the assurances of "don't play the game". "We all pay a guarantee of operating losses but no one was prepared for an event of such magnitude. There is no specific clause for this type of event", recently explained the manager of a hostel in the Figaro . On 6 may, the Economy minister Bruno Le Maire himself had asked insurers to show more solidarity.
A decision that is expected to Bordeauxanother court decision was eagerly awaited in Bordeaux on Tuesday. Christian Durocher, restorer, a girondin, who is thought to be covered by its insurer in the event of an epidemic, had attacked Axa at the beginning of June in the proceedings before the tribunal de commerce of Bordeaux after the refusal of the group to indemnify for the losses related to the crisis of the Covid-19.
The commercial court of Bordeaux has made an initial judgment this Tuesday morning. The judge noted a discrepancy in the insurance contract and directs that expertise, according to France Bleu Gironde. He is expecting this report within 6 months and will order a new hearing before his court, specify our colleagues.
The editorial team conseilleAssurances : "The pandemic was a systemic risk, therefore non-insurable", she defends the professionPandémie : a contractor goes in front of the headquarters of his insurance to ask réparation7 commentairesJack Baud 1the 23/06/2020 at 18:02 insurance always to collect the premiums, but absent
when you have a disaster
Very good for both. The restaurateur gets the compensation provided for in the contract (see more because the insurer is in a weak position). a
For the insurer, as the allowance is not paid in performance of the contract or following a court decision, we have a case that cannot be generalized. a
While the contract was certainly signed at the (tens of ?) thousands of copies with other entrepreneurs.
It is truly the victory of David against Goliath.
Read the 7 comments Date Of Update: 23 June 2020, 12:47
