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09/17/2020 | BUSINESS | Insurance

A company operating a restaurant is taking action against its insurer to obtain compensation for operating losses following the closure of the restaurant during the coronavirus pandemic.

 

The professional multi-risk insurance contract provides, under the insured risks, that the insurance covers operating losses suffered during an administrative closure of the establishment, when "the decision to close is the consequence of a contagious disease, murder, epidemic or poisoning ". However, the contract also provides for a guarantee exclusion clause "when, at the date of the closure decision, at least one other establishment, whatever its nature and its activity, is subject, in the same departmental territory, than that of the insured establishment, of an administrative measure, for an identical cause ".

This guarantee exclusion clause is contrary to the provisions of Article L. 113-1 of the Insurance Code, which prohibits guarantee exclusion clauses which are not formal and limited when they render the guarantee completely meaningless. offered by the insurer. The insurer justifies the clause by asserting that an epidemic can affect several people having attended the same establishment and relies on the medical definition of the epidemic. However, this discussion demonstrates that the clause is open to interpretation. However, this is a membership contract, drafted entirely by the insurer, which clearly proposed compensation for an epidemic, which by definition is highly unlikely to concern a single establishment in the same territory. The insurer therefore owes its guarantee. The parties agree on the organization of an expertise to determine operating losses. A provision of 50,000 euros must be granted to the insured person.

 

The Commercial Court of Paris, September 17, 2020, n° 2020022825.

 

Source : Lexis360®.

 

Restaurateurs assert your rights to compensation now! Contact us for any request for additional information : contact@avocatberthet.com

05/28/2020 | BUSINESS|Insurance

The uninsurable nature of pandemic risk: an "imaginary allegation" from AXA

The first court decision on operating losses describes the insurer's allegation as fanciful, which "is not based on any legal provision of public order mentioning the uninsurable nature of a consequence of a pandemic" and in deduces that it was incumbent "on AXA to conventionally exclude this risk. This risk is not excluded from the contract signed between the parties. "

The Commercial Court of Paris, May 12, 2020, n° 2020017022.

 Source : Dalloz news

 

06/01/2019 | Events|International Taxation
The latest issue of Lamy - Les Nouvelles Fiscales was published on June 1, 2019.


In this issue, we discuss the legislative development of the Exit Tax immediate tax mechanism, its tax consequences on transfers of domicile for business executives since 1 January 2019 and its future.
- The Tax burdens of Exit Tax by Karim Berthet, Lamy - Les Nouvelles Fiscales, June 1, 2019, no. 1245.

Source : Wolters Kluwer Current law.

12/13/2017 | Business ethics of the profession of Lawyer

The last number of the quarterly Review of the National School of the Judiciary is appeared this day.

The occasion for us to review the profession of Lawyer: its future, its challenges and its stakes with Tribune, the highly respected Robert BADINTER on his memories of the Criminal court.

- Recent evolutions in the profession of Lawyer, by Karim BERTHET, quaterly Review of the National School of the Judiciary, ENM / Dalloz, Number 4, December 2017, #2017/4.

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