Commercial Court of Paris, March 15, 2021, n° 2020048008
In this case, an insurance company signed a memorandum of understanding with its insured before the start of the Covid-19 pandemic, the purpose of which was to compensate the insured following a fire.
Among the conditions precedent conditioning the payment of the indemnity, the conclusion of a new commercial lease before October 27, 2020.
Due to the health crisis, and despite numerous and fruitless searches of which the insured has provided proof, the insured is unable to conclude a new commercial lease before the agreed date.
Since the condition precedent has not been fulfilled, the insurer refuses to pay the indemnity.
Seized of the case, the Paris Commercial Court considers in this case that the health crisis constitutes an unforeseeable change of circumstances " due to the fact that it made the search for a goodwill, as provided for by the agreement of the protocol, impossible due to the closure imposed by the government of all bars and restaurants and that the consequences of this unforeseeability were excessively onerous for [the insured person] causing him to lose the financial advantage procured by the possibility of lifting the condition precedent ”. The conditions of article 1195 of the civil code are thus well met.
In accordance with the powers vested in judges under this article, the court postpones the date of fulfillment of the condition precedent to a date later than that provided for in the protocol, thus allowing the insured to benefit from the insurance indemnity.
