The declaration of the State of Alarm in Spain by Covid 19 during the spring of 2020 provoked the forced closure of many businesses. Some sectors such as catering, tourism, transportation, and others related to retail not qualified as essential activities, are some of the most affected.
All of them, regardless of their activity, could claim compensation from their insurance company as long as the guarantee for business interruption or the payment of lost profits due to loss of profits is included in the contingencies contracted in their insurance policy.
It is common to find these contingencies in insurance policies, so that most of the Spanish businesses that could not continue their activity due to the State of Alarm would be entitled to claim compensation.
Free and non-binding study of the insurance policy
We offer a free service of study of the necessary documentation to assess whether the insurance contract subscribed allows to make a claim for compensation. It is advisable to carefully analyze the content of the insurance contract because not all policies contemplate the coverage of these risks.
Out-of-court claim to the insurance company insurance company
We have a department specialized in insurance law, which allows us to have a good knowledge of the insurance sector and to negotiate transactions quickly and effectively.
Claiming compensation in court without high up-front costs
We handle the judicial claim of the corresponding compensation, filing lawsuits in court with moderation in the initial costs. We achieve this objective by linking most of our fees to the success of the claim.
Collection of the compensation
The compensation to be received will depend on the amounts that the business ceased to invoice while the obligation to not open to the public was maintained.
The loss of profit, or in other words, the profit that the company or self-employed person could not receive as a result of the closure, may be claimed. Some policies contemplate a maximum daily limitation of the amounts that can be claimed for this concept. In all other cases the indemnity would be extended to the totality of the lost profit, provided that the insurance contract does not include as a cause of exclusion the closure caused by health epidemics.
It should be clarified that the loss of profit provided for in Article 63 of the Insurance Contract Law can only be claimed when it is caused by damage that has been covered by the policy.
Conviene aclara que el lucro cesante previsto en el artículo 63 de la Ley del Contrato del Seguro sólo puede reclamarse cuando tiene su causa en un daño que haya quedado cubierto por la póliza.
The courts are awarding these indemnities. We already have case law precedents that support our position and reject the opposition of insurance companies alleging force majeure or the unforeseeable nature of the COVID 19 pandemic.
It is worth mentioning, due to the subsequent stir it has had, the Judgment of the Provincial Court of Girona of February 3, 2021 that condemns an insurance company to compensate a pizzeria for the stoppage of its activity. Specifically, the policy established a limitation of €200 per day with a maximum of 30 days, which is why the sentence condemns the payment of €6,000 in total.
This doctrine is being used in numerous claims, and in some cases perhaps without the appropriate rigor. From the sentence we cannot deduce that all those businesses that closed to the public can claim to their insurance company, a scrupulous study of the conditions agreed in the policy should be made before proceeding with any claim.
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