In one of these proceedings, Regional Court Munich I (judgment of 17 September 2020 - 12 O 7208/20) denied a business closure as defined in the General Terms and Conditions of the BI Insurance in dispute because of the lockdown. According to the court, this would presuppose a complete business closure. The court did expressly not decide whether a "factual business closure" was sufficient. The administrative orders had indeed prohibited regular operation of the affected day-care centre, yet not the continuation as emergency childcare.
Regional Court Ellwangen also dismissed an action in legal proceedings with recent judgment of 17 September 2020 (3 O 187/20). A restaurant had filed an action for insurance coverage from BI insurance due to Corona-induced closure. The reasons for the decisions are currently not yet available. As soon as they are, we will report again.