Munich – Taking out insurance is fast. Collect insurance not so much.
Seven Oktoberfest owners are arguing with their insurance companies in court. They are demanding a replacement for the canceled Oktoberfest 2020 because they don’t want to pay.
On Wednesday, Silja Wardrobe-Steinberg (49, Hofbräu store), Arabella Schörghuber (54, Paulaner store) and Stephan Kuffler (54, Weinzelt) met with Ergo-Versicherung’s lawyers in the district court.
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Claims rejected: Oktoberfest was not canceled under insurance law. The innkeepers had not had any approval from the city to operate the stores. In fact, the city stopped the application process after Oktoberfest was canceled on April 21.
The owners respond: The insurance period extends throughout the year. They also show a letter from the economic officer Clemens Baumgärtner. He explained to the hosts on August 10: “You were suggested and we would have followed the suggestion of the breweries until now.”
Insurance lawyers responded: “That’s probably just goodwill from the authorities.” owners
The key issue in the dispute: It was the press conference on April 21, 2020 in which Mayor Dieter Reiter (63, SPD) and Prime Minister Markus Söder (55, CSU) canceled Oktoberfest for 2020, an “act of a higher authority.” ” or not – so a decision of an authority. Such an “act” would make the insured event occur immediately. The insurance says no, the court doubts, the innkeepers despair.
The amount to be reimbursed is also discussed. The owners are based on Oktoberfest revenue in 2017, 2018 and 2019.
The court replied: An Oktoberfest 2020 could only have taken place under major restrictions with a corresponding effect on sales.
They are legal subtleties for which lawyers toast with a measure. Stephan Kuffler makes no sense for that: “We lock in a number. We used to be in the red for many years; after all, who dares to sell wine at Oktoberfest? We work hard to get into the black. We want the full amount.” .
A similar claim by Hans Stadtmüller (58, Fischer Vroni) has now reached the second instance in the Higher Regional Court. Edi Reinbold (79, Schützenzelt) is also fighting in court for an insurance sum of 4 million euros. Status: Undecided.
Antje Schneider (53, Ochsenbraterei) had some success. In October, he won a district court verdict for payment of 513,000 euros. However, this is only part of the sum insured.
In April, the regional court wants to decide whether or not the insurance company has to pay Steinberg, Schörghuber and Kuffler. However, a possible amount has yet to be decided.