Post by nijhumnishita033 on Jan 11, 2024 7:45:45 GMT
(Photo: Nacho García/AGM) The coverage is subject to and conditional on the occurrence of the damage incident covered by the contract. That is, as the appellant argued, it would only be activated when there was material or physical damage to the property or its surroundings that prevented access to it. The insurance for loss of profits contracted between the parties “is not activated by any incident, but by those covered in the policy itself.” Thus, in the opinion of the Court, it is "clear" that in the repeated policy "Covid-19, or more specifically the paralysis of the company's activity as a consequence of the measures adopted by the Government, has not been foreseen as a compensable risk."
to combat the expansion of the pandemic.” Likewise, the Court clarifies that we are not faced with a controversy over “ lack of clarity in the wording ,” which would certainly favor the insured, “but Phone Number Data rather with the need to interpret the delimitation of the coverage agreed upon by the parties.” In no case is it proven that any of the claims guaranteed in the policy have occurred. In short, the Court does not consider that the government measures adopted during the pandemic should be included among the events whose risk is covered and whose occurrence would cause compensation for lost profits. Finally, in terms of procedural costs, the Court does not proceed to impose those incurred in the instance "considering that the supposed defendant presented doubts about the law ."
The sentence has the private vote of four magistrates President Pedro González-Trevijano , Judge María Luisa Balaguer and Judges Ricardo Enríquez , Santiago Martínez-Vares , Enrique Arnaldo , Antonio Narváez and Judge Concepción Espejel have voted in favor of the partial estimation of the appeal for protection . The sentence has the dissenting vote of judges Juan Antonio Xiol , Cándido Conde-Pumpido , Ramón Sáez and Inmaculada Montalbán , who consider that the appeal should have been dismissed in its entirety.