Saturday, April 4, 2020

Coronavirus: how to insure and compensate the loss of business operations?

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While many economic sectors are suffering from the ravages of the Covid-19 epidemic, insurers have remained surprisingly discreet. This Monday, March 23, they pledged to support companies whose activity is undermined by the coronavirus. The French Insurance Federation (FFA), which represents 280 companies, has announced that the sector is going to put its hand in the pocket and contribute up to 200 million euros to the solidarity fund set up by the government.

The insurers also undertake to defer the payment of the rents of the VSEs and SMEs whose activity is interrupted and to maintain the insurance guarantees of the VSEs late in their payments. Finally, the sector promises to reflect on “the design of an insurance product in the event of a major health disaster to improve the supply of cover for businesses for the future”. And that’s where the shoe pinches.

A petition to save businesses

Indeed, while the state of health emergency was adopted this Sunday for two months, many professionals, who had to close shop or stop their activity in mid-March, claim “massive support” to “avoid the disaster They consider themselves released by their insurer. For those who had subscribed to the “operating loss” option, it is all the more difficult to digest since they contribute to a loss that they suffer, but which is not insured in the absence of any material damage.

Stéphane Jégo, chef and owner of the restaurant L’Ami Jean in Paris (7th), is indignant. At the origin of the Collective for the safeguard of the businesses of France, this head of company launched a petition on Change.org gathering more than 60,000 signatures which he intends to address to the Minister for the Economy, Bruno Le Maire. “Insurers must also participate in the war effort against the Covid-19 and this requires partial coverage of our operating loss, whether or not it is linked to a disaster,” he believes. , particularly bitter that “nothing is planned to compensate us when this is our third consecutive serious crisis after the terrorist attacks and the Yellow Vests”.

VIDEO. Coronavirus: more than 730,000 part-time workers in France

His fear of the bankruptcy of thousands of small traders is shared by Pierre Fruchard, co-founder of Coover, an insurance brokerage company for the self-employed. “P&C insurance claims with the business interruption option have increased by more than 130% over the past three months on our site,” he notes. His colleague from Assurland, Olivier Moustacakis, made the same observation. “Since the operating loss is only covered in the event of damage – flooding, bad weather – nothing is provided for in the absence of damage, as in the case of an epidemic”, underlines Pierre Fruchard.

“The risk of a pandemic is impossible to estimate”

“It makes sense since the business operates on statistical bases which estimate the rate of accidentology and define a tariff in relation to the hazard incurred,” adds Olivier Moustacakis. However, with a pandemic that only occurs once a century, there are no statistics and the risk is not insurable, because it is impossible to estimate, it is like the risk of nuclear accident. “According to him, insurers cannot assume such amounts:” operating losses linked to the pandemic amount to tens of billions of euros while, for the operating loss guarantee, premiums represent 2 billion d ‘euros per year’.

Only a few contracts provide for operating loss without damage. “In the aftermath of SARS (2002) and the H1N1 flu (2009), a few rare companies, such as Allianz or Beazley, have taken the precaution of extending their operating loss guarantee to epidemics, but this represents a premium at high cost and in the end little underwritten ”, explains Me Emmanuèle Lutfalla, co-founder of the law firm Signature Litigation, specialized in insurance.

Files managed “on a case by case” basis

What about the “major health catastrophe insurance product” on which the FFA promises to work? “It should take the form of a fund like it already exists for natural disasters and for terrorist attacks,” specifies Mr. Lutfalla. Contributions would feed this fund which would be released in the event of loss of activity linked to a major epidemic ”.

Does this mean that the victims of Covid-19 will not receive any compensation? Under pressure from the Minister of the Economy, Bruno le Maire, calling on the sector to “participate in national solidarity”, the FFA made some progress and certain major players could follow. Without waiting, an insurer advises to “turn now to his agent who will manage each file with kindness on a case by case basis”.

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