A clarification that does not put an end to the debate. On 22nd June, prudential supervision Authority and resolution (ACPR), which oversees both the bank and the insurance sector, has developed a state-of-warranty “operating losses “at the heart of the controversy between the insurers and the companies. For the past several months, the use, often worn by restaurateurs, are multiplied together to obtain a compensation of the operating losses incurred during the confinement.
The insurers, Axa in the lead, have opposed the more often one end of a demurrer, arguing that the contracts did not cover the losses related to an epidemic. It “can affect all sectors and have an impact on overall economic activity, making its economic consequences uninsurable “as again referred to the French Federation of insurance in a press release of 18 June.
Exclusion of the Covid-19 in the overwhelming majority of cases
The opinion of the ACPR, was, therefore, expected. The regulator estimated that only 3 % of the policyholders have contracts covering explicitly the pandemic, while this coverage is excluded in 93 % of cases.
→ TO READ. Containment : an agreement has been found between a restaurateur from paris, insurer Axa
On the other hand, for 4 % of the policyholders, the contracts contain clauses that “do not allow to conclude with certainty the absence of warranty “. Only an interpretation of the judge will be able to remove the uncertainty “if insurers do not interpret the contract in favor of the insured “. The ACPR has started to check “the appropriateness of the level of provisions “ corresponding to these contracts.
For the future, the regulator “invites professionals to review the drafting of all the contractual clauses ambiguous and to clearly inform the insured of the exact extent of their guarantees “. A transparency, which also requires a response “within a reasonable time “ the demands on the extent of the guarantees, and the explanation of the refusal.
Conflicts of interpretation persistent
At the same time, the front of the litigation is changing. The restaurateur parisien, Stéphane Manigold, who had obtained in may a conviction noticed, of Axa to indemnify for the period of closure, has announced that it has reached an agreement with the insurer on June 22. He will provide an allowance close to 25 % of the turnover, putting an end to the prosecution. Axa has indicated that 1 700 clients, over 20,000 have signed up to a contract operating losses, have a similar contract, and that “600 agreements have already been found “.
“A compensation to the tune of 25 % of the turnover covers correctly the losses of the period “, judge Laurent Fréchet, for the national Grouping of independents (GNI). The organization, “that does not require the insurers to pay whatever the contract signed “, is seeking “an interpretation in favour of the customer as soon as the terms of the contracts are questionable “. For Laurent Fréchet, of the “gestures business strong “ would be welcome, otherwise customers will remember d’“a lack of solidarity “.
In several recent cases between restorers and insurers, the justices hearing injunction returned the case on the merits. This is the case of the dispute between the owners of the Bacchus (Beaujolais region) at Axa, on which the court of Lyon agreed to deliver the 1er July. Another judgment is expected at Bordeaux on the 6th of July. Despite the opinion of the ACPR, and on the actions of insurers, the series of the interpretation of contracts is not yet completed.