Six new restaurants won their fight against the insurer Axa, which refused to cover operating losses linked to the Covid-19 health crisis.
Axa condemned once again
In a press release published on Tuesday, May 4, 2021, the law firm, Lincoln Avocats Conseil announced that in April 2021, six new restaurateurs in Île-de-France and Corsica won their battle against insurer Axa. A new victory for Maître Guillaume Askil, who represents restaurants and whose firm is currently defending 400 cases.
Thus, the various commercial courts in charge of cases have recognized that Axa must take into account operating losses linked to the health crisis and covered by an insurance contract. The compensation provisions are between 15,000 and 115,000 euros and a majority is around 35,000 euros. In addition to this, Axa also has to pay 3,000 euros in legal costs for each case.
A new victory for restaurateurs
For Me Askil, although it is a victory, Axa must finally take its responsibilities: “ To date, we have identified 90 court decisions that condemn AXA, while only around 20 prove it right. And yet, despite these setbacks, the company continues to do everything to delay all possible decisions. The more time passes, the more precarious the economic survival of restaurants, hotels and nightclubs becomes. At the end of the day, national solidarity will have to play out if AXA continues to evade its obligations … “.
In May 2020, Stéphane Manigold, owner of four Parisian restaurants, was the first to win against Axa. Axa then estimated that the decree of March 14 taken by Olivier Véran requiring restaurateurs to no longer receive the public, did not mean that the restaurant was forced to close its doors. A vision which made it impossible to pay the compensation provided for in the contract and which had been rejected by the court.