Restaurants and Corona: Hardly any cancellation money at closing – Restaurateur sues insurance company

As the owner of the Neubrandenburg restaurant “Sandkrug”, Cindy Diekelmann must have staying power. Since her insurance company refused to pay business loss of almost 26,000 euros due to the Corona-related closure of her restaurant from March to May 2020, the Neubrandenburg resident went to the district court of the city of Las four doors. She there she suffered a defeat. Despite everything, she wants to continue fighting for her rights.

More on the topic: When the insurance company complains with the help of Corona

But she is by no means the only one fighting for compensation due to the closure of the business during the lockdown. Some of the Müritz institutions also want to see money from their insurance companies. However, they declined to comment publicly when asked by Nordkurier.

Corona only from spring in the “catalogue of diseases”

Diekelmann sees himself on the right. “After all, restaurateurs and hoteliers were prohibited from opening their stores overnight,” the woman justified her claim against the insurance company. After all, your business generates around 13,000 euros in fixed costs per month. The insurance company not only refuses to pay, but the third civil chamber of the Neubrandenburg district court also rejects the request for payment.

The verdict is based on the Corona regulations in the spring. It was only from then on that the “corona” became part of the “catalogue of diseases”, explained Christian Weidlich in his role as spokesman for the regional court. “The risk is not covered in contracts before May 2020,” the spokesperson added. The insurance contract that Diekelmann concluded existed for years before Corona – this is exactly where the problem lies. The financial effects of the coronavirus should not be covered by insurance.

Restorer rejected compensation payment

The Neubrandenburg native is not satisfied with the rejection. Therefore, the procedure has now ended in the next higher instance in the Higher Regional Court of Rostock.

When he first confronted the insurance company with his claim of around 26,000 euros, he did not immediately refuse. “He offered me compensation of 1,190 euros; this settles all claims,” Diekelmann said when asked by Nordkurier. However, he rejected the questionable offer because he did not even begin to reflect the costs that had actually been incurred.

Next demand for second confinement

Diekelmann is not only fighting for himself, but also for his six employees, who for months only had to make do with 60 percent of part-time profits but remained loyal to the restaurant. The claim billed to the insurance company includes, among other things, a 40 percent increase in employee wages and compensation for perishable goods. And he goes further.

His attorney is preparing another business interruption lawsuit. This affects the second confinement from November 2020. For seven months, catering establishments had to completely close their own business. Based on the current status, Diekelmann expects a sum of around 90,000 euros, which will be claimed in a second lawsuit against his insurance company.

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