Closures in the pandemic: Insurance may have to pay

If a company was forced to close temporarily due to the corona lockdown: does the insurance then pay? Under certain circumstances, says the Federal Court of Justice.

It was bitter for hotels or restaurants that they sometimes had to close for weeks because of Corona. Some had taken out what is known as “business closure insurance” for such cases, so that they would receive money if, for example, guests were not allowed to receive guests due to a notifiable illness.

First decision in favor of the insurance company

A year ago, the BGH ruled for the first time: With Corona, it depends on the small print in the contract. An innkeeper didn’t get any money because his contract listed all sorts of epidemics and diseases, but no Covid-19.

Infection Protection Act decisive

Today again a decision about these insurances: This time it was about a hotel business. Here the small print in the contract simply referred to the Infection Protection Act, which was listed there. Since Corona was one of the diseases listed in the law from May 2020, the insurance company has to pay for the closure of the hotel from autumn 2020.

File number: IV ZR 465/21