Bella Napoli, the pizzeria that won the small print of the insurance by the covid

  • For the first time, a court has recognized a businessman the right to compensation after the closure of his business due to coronavirus

  • Restaurateur Carmine Melisse encourages other businesses to follow his example: “I tell everyone to wake up.”

Carmine Melisse It has been dedicated to the restaurant business for 35 years, 20 of them in Girona. Of Italian origin, from the province of Naples, his specialty could not be other than pasta and he boasts that his establishment, Beautiful Naples, It is known as “the best pizzas in Girona”. Now, his establishment is also known inside and outside Girona because it is the first that has managed to get a judge, in a final judgment, to agree with him and have allowed him to obtain a compensation (6,000 euros) to compensate part of the cash that he could not make during the three months of the lockdown, since March 2020.

“I was unemployed for three months, without income and having to attend to expenses. What could I do?”, He says. In the midst of his despair, he recalled that a few months earlier, in February, he had renewed the multi-risk policy of your establishment, with Segurcaixa Adeslas. He recalled that the policy included a hedging against closing losses establishment and went to see his insurance broker. “There is nothing to do,” Montserrat replied. He went to see a lawyer: “You don’t touch anything,” he was discouraged. “And I couldn’t understand why they force you to take out insurance that later doesn’t cover anything,” he says. His friend Mayor Angel, lawyer, wanted to study the policy. “I am going to file a lawsuit,” determined the Mayor, finally.

Everything went very fast. On June The procedures began with the insurance company, first, and in the court of first instance, later. On November the court agreed with the insurer. “We have to appeal. I see many contradictions in what the judge says,” the attorney Alcalde resolved. On the 3rd of February, the Provincial Court de Girona ended up agreeing with the businessman.

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“You cannot say in some clauses that several things do enter and then in the small print say that nothing enters.” This is the particular reading that Carmine makes of the sentence issued in his favor by the magistrate Fernando Lacaba Sánchez. In other words: the particular clauses recognized a compensation of 60 euros per day of forced business closure for a maximum of three months, but the general clauses (the fine print, according to Carmine) excluded from this compensation the closure by administrative decision. As the general clause, which contained this limiting clause, was neither signed by the client nor had a clear explanation about it to the client, the judge determined that it was not valid and that the compensation of 6,000 euros had to be applied, under protection Article 3 of the Insurance Law.

“You can’t even imagine the people who are calling me with the same thing,” the attorney Mayor now says to his friend Carmine. Many businessmen ask, “and I tell everyone to wake up,” resolves the restaurateur. He only has a thorn stuck. Before renewing his policy in February, he had contracted an indemnity of 300 euros per closing day with a maximum of 6 months. In the renewal, the compensation was lowered to 200 euros per day with a limit of 3 months, he counts while he remembers “Montserrat”.

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