Association liability to an insurer for a roof leak
Editorial summary
The court awarded the insurer 2928.80 euros against the association for water damage from a roof leak. Failure to maintain and inspect the roof was found to have caused the damage.
Narva linn, Rahu tn 28a korteriühistu · 80158560
Swedbank P&C Insurance AS · 11269248
Participants and roles
- Claimant — Swedbank P&C Insurance AS
- Defendant — Narva linn, Rahu tn 28a korteriühistu
The dispute and the court’s decision
Swedbank P&C Insurance AS (11269248) sought reimbursement from Narva linn, Rahu tn 28a korteriühistu, named in the source as KORTERIÜHISTU RAHU 28A, of 2928.80 euros paid following a roof leak in 2010. The association relied on repairs in 2007 and 2010, adverse weather and allegedly unproved causation, arguing that apartment owners should be the defendants.
The court found the association to be the proper defendant: the roof was common property and regular maintenance and inspection were its responsibility. It established breach and causation because timely inspections and repairs could have prevented the leak. The weather cited was foreseeable and did not excuse liability as force majeure. The occurrence of damage and amount claimed were not disputed.
The court awarded 2928.80 euros and allocated the insurer’s costs to the association, leaving its own costs with it; amounts were not fixed here. In the appeal decision of 21 October 2013, the association’s appeal was dismissed and this judgment upheld. Actual payment has not been checked.
Outcome of this decision
The insurer was awarded 2928.80 euros and reimbursement of litigation costs by the association. The appeal decision of 21 October 2013 upheld the judgment.