Covid-19: after Axa, Crédit Mutuel condemned to compensate restaurateurs

Nicolas Sandanassamy / Capital Crédit Mutuel at the heart of a legal battle. This Monday 20 December, the Paris Commercial Court ordered Crédit Mutuel, at first instance, to compensate two establishments for their operating losses linked to the coronavirus and to successive confinements, relates Le Parisien . The first restaurant, Le Rusti in Paris (4th arrondissement), will receive 42. euros, and the second, the bar Le Petit-Martin in Paris (3rd arrondissement), 21. euros, pending an expertise be conducted concerning the details of losses. Credit mutual communicated that he was going to appeal this decision.

“This is a sum that will allow my business to survive! I hope we will keep our hands on the appeal. When I signed my contract in January 2020 to be covered, I do not I wasn’t expecting to lose so much money and see my insurer turn his back on me! “, says Vincent Jullien, the boss of Rusti, to the daily.

A “landmark” judgment

Me Paul-Emile Boutmy, representative of two restaurateurs, welcomed this judgment “which will mark a milestone”, according to him. “It could open the door to the compensation of several thousand professionals, who could turn against their insurer!” Near 90. restaurateurs have the same professional comprehensive insurance contract in question. “We have about fifteen cases in progress on this subject, we explain to the management of Crédit Mutuel to our colleagues.” For a year and a half, we have had as many lawsuits won as lost. We are convinced that we will win our disputes on appeal “, they added.

Professionals denounce an exclusion clause providing that they are not compensated for losses if they are caused by “insects, rodents, fungi, molds and other parasites, as well as by microorganisms. We are not the ones saying it, it is the definition of the Larousse dictionary “, we say at Crédit Mutuel.

>> To read also – New conviction on appeal for Axa, who will have to compensate three restaurateurs

A “very simplistic” vision, Judge Paul-Emile Boutmy, refuted by the Paris Commercial Court. In its judgment, consulted by Le Parisien, he notes that “the debate on the definition of micro-organism is very controversial and does not make it possible to decide whether the coronavirus belongs to this category or not.” Before indicating that he had requested a doctor from the Regional Agency (ARS). “He wrote, in black and white, that the Covid – 12 is not a microphone -organization. Crédit Mutuel can no longer hide behind this, “he assures us.

However, the insurer had made a commitment, several months ago, to restaurateurs by providing them with a “mutual recovery bonus”, ranging from 1. 480 at 20. 000 euros, to compensate them following administrative closures.

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