29 July 2020, 1:36 pm
With an insurance against a business closure, there is no coverage against diseases or pathogens such as Covid-19 or Corona, if these are not expressly named in the contract. The Hamm Higher Regional Court decided in an urgent procedure and announced it on Wednesday.
The plaintiff, owner of a restaurant in Gelsenkirchen, had claimed almost 27,000 euros from her insurance company. The Essen regional court had already rejected the application for an injunction. The Hamm Higher Regional Court has now confirmed this view in a non-contestable decision of July 15 (Az .: 20 W 21/20).
The list of the insured diseases and pathogens in the agreed insurance conditions is final, said the OLG as a justification. The wording “only those listed below” and the subsequent detailed listing of a large number of diseases and pathogens make it clear to the average policyholder – which is decisive for the interpretation – that the insurer only wants to be responsible for the named risks that can be assessed by the insurer the justification of the OLG in Hamm. (dpa-AFX)
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