Pizzeria granted 28,000 euro for losses during the state of alarm

The Court of First Instance No. 59 of Madrid has ordered a bank insurer to pay 28,222.67 euro to the owner of a pizzeria in Collado Villalba (Madrid) for the losses caused as a result of the closure of the activity during the 86 days of first state of alarm.

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The entity “breached the insurance contract by refusing to pay the benefit derived from the accident covered by the contracted policy,” says the sentence.

The owner of the restaurant and the convicted insurer had a contractual relationship covered by an insurance policy, says the lawyer. At the time of signing the contract, the general conditions of the contract were not delivered, only the particular conditions and policy simulation.

“The Insurance Contract Law establishes that the general conditions, which in no case may be detrimental to the insured, must necessarily be included in the contract policy or in a complementary document, which must be accepted in writing by the insured – what my client did not do- and to whom a copy of it will be delivered”, affirms Luis Cots, the lawyer of the affected person.

The lawyer, who is a member of the Blackwell Legal firm, adds that the conditions must be written clearly and precisely. “Insurance companies are imposed a duty of transparency, so that the insured is fully aware of the risks covered, and, in this way, is not surprised by clauses that are limiting or harmful to their interests.”

“In addition,” adds the lawyer, “the insurer bears the burden of proving that the general contracting conditions that accompany the policy were delivered to the client at the time of signing the policy. The affected stated that they were not delivered or accepted with his signature.

The insured will receive compensation for loss of benefits based on the particular conditions of the policy, which included a specific clause for “activity stoppage” with compensation of 900 euro/day, with a maximum of 30 days.

It is not the first court to adopt a similar resolution. Last December, the Provincial Court of Mallorca ordered an insurer to compensate a hotel in Mallorca with 100,000 euro that closed in the pandemic.

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