Jugement Kantonsgericht (VD - 2020/454)

Canton:	VD
Case number:	2020/454

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/454 vom 20.06.2020 (VD)

Date:	20.06.2020
Force of law:	-

Summary:	Summary of the judgment of the Swiss Federal Supreme Court of 17 June 2020 (4A_330/2021) A catering entrepreneur from the canton of Aargau is not entitled to a loss of earnings due to the corona pandemic. The exclusion clause in the insurance conditions is clear and unambiguous. The pandemic falls under the clause, since it is an event of national or international significance. The entrepreneur did not prove that she could not have foreseen the pandemic. The Federal Court dismisses the lawsuit. More detailed summary: The entrepreneur had taken out insurance for movable property, which also included loss of earnings as a result of the epidemic. After the closure of restaurants and bar businesses due to the corona pandemic, she applied for benefits from the insurance company. The insurance company refused because the pandemic was covered by an exclusion clause in the insurance terms and conditions. The entrepreneur filed a complaint against the decision of the insurance company. The federal Court confirmed the decision of the insurance company. The exclusion clause is clear and unambiguous. The pandemic is an event of national or international significance that falls under the clause. The entrepreneur did not prove that she could not have foreseen the pandemic. The federal Court dismissed the lawsuit.
Rule of Law:	Art. 100 LTF;Art. 16 LP;Art. 17 LP;Art. 43 LP;Art. 56 LP;Art. 6 LP;Art. 60 LP;Art. 7 LP;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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