Dienstag, 22.12.2020
Business closure insurance in times of the coronavirus
from
Jonas FrobelLawyer
Specialist in medical law
Specialist lawyer in insurance law
Give me a call: 0261 - 404 99 64
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Understandably, despite some individual case decisions, there is still great uncertainty among many business owners about the economic consequences in times of the "corona crisis". However, insurance protection often exists – unnoticed in a large insurance package brokered at the time.
Which insurance company will pay out?
In principle, business interruption insurance, practice closure insurance or a separate business closure insurance (often taken out by restaurateurs) could cover it . However, at least one additional extension of coverage for official closures in accordance with the Infection Protection Act (IfSG) must be agreed in the business interruption insurance. In some cases, extensions of coverage for so-called unnamed risks also apply. It depends on the individual case which protection can be inferred from the specific insurance conditions.
The insured risk is regularly the protection against the closure of a business by the responsible authority to prevent the spread of notifiable diseases or pathogens in humans.
The IfSG, to which the relevant insurance conditions often refer, does not list the coronavirus as a pathogen. In this case, it depends specifically on the design of the insurance conditions whether a corresponding update is even possible based on the wording of the conditions.
The insurance conditions regularly stipulate that insurance cover only applies when the business is closed. Whether or not you can actually speak of a closure of the business or your business premises depends crucially on the specific structure of the business. Any kind of sweeping judgment is out of the question here. It depends on the structure and organization of your company in the specific individual case.
The coronavirus crisis is not only breaking new ground in medical, social and economic terms, but also in legal terms. This offers the opportunity to be able to set correspondingly favorable standards for a settlement in your favor through prompt legal action and also leaves room for negotiation with your insurer. It would therefore not be advisable at this time to wait for a lengthy and tough settlement from the insurer before seeking legal help.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.