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Court: insurance must pay for closure due to Corona
In the case of an insurance against the closure of a factory, no protection against diseases or pathogens such as Covid-19 or Corona if these are not named explicitly in the contract. This was decided by the Oberlandesgericht Hamm in a fast-tracked and on Wednesday informed. The plaintiff, owner of a restaurant in Gelsenkirchen, had claimed from your insurance company almost 27,000 euros. Already, the Essen district court had rejected the application for injunction. The higher regional court of Hamm confirmed this point of view, now in a non-appealable decision from 15. July (Az.: 20 W 21/20).
The list of insured diseases and pathogens in the agreed insurance conditions, and was finally, told the court of appeal for the justification. The wording "only the Following aufgeführten" and the subsequent detailed listing of a variety of diseases and pathogens do the – for the interpretation of the average policyholder relevant – clearly that the insurer would only stand for the named by the insurer to assess risks, – stated in the reasoning of the higher regional court in Hamm. Marcus Brandt/dpa
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