Covid losses: After restaurants, pharmacists. The closing of borders constitutes a case of denial of access cover by the insurance policy.


INSURANCE LAW

Covid losses: After restaurants, pharmacists.

The closing of borders constitutes a case of denial of access covered by the insurance policy.

Enthémis has obtained a favorable judgment against AXA on the basis of a ¨Difficult access to premises¨ clause.

We remember the Kookai judgment where it was definitively judged, against Allianz, that the administrative closures caused by Covid-19 constituted an impossibility of access covered by the insurer within the meaning of the contract .

A new judgment, also obtained by our firm, on the 21st of June, against AXA, goes further to the benefit of policyholders. It allows to claim compensation of Covid Losses for (1) an activity not concerned by the decrees of administrative closure (here, a pharmacy) but (2) that has seen the access of its customers restricted or become impossible following the closing of the borders (in this case the Franco-Belgian border).

This judgment, which concerns a standard clause distributed by AXA agents, therefore clearly extends the scope of compensation for Covid Losses for the benefit of companies.