Association ordered to pay insurer 2 213,90 euros for damage from a shared riser

The court granted Salva Kindlustuse AS’s claim against the apartment association DAUMANI 17, awarding 2 213,90 euros for insurance compensation paid and 200 euros in court fees.

On 19 November 2012, a hot-water system failure damaged the interior finishes of an insured apartment. The insurer paid owner XX 2 213,90 euros and sought that sum from the association, relying on its duty to maintain the shared system. The parties did not dispute the incident or the insurance payment. The association objected that the insurer had been notified late, the repair amount needed expert assessment, the works did not match the damage, and the cause of the pipe rupture had not been proved. It considered the failure accidental and denied liability. The court linked liability to the association’s duty to keep shared building systems in working order and noted that the owner’s claim had passed to the insurer to the extent of the insurance payment. The association knew about the incident and damage, including through the certificate it had issued on 21 November 2012. The late-notification objection was rejected: the cited provision allowed the insurer to reduce or refuse payment, but did not require refusal. The law did not require damage to be assessed exclusively by an expert opinion. The association had not specified which works it disputed or on what grounds. The court placed on it the burden of proving circumstances that could exclude liability for the system’s condition. The claim was granted in full. In addition to 2 213,90 euros, the court awarded 200 euros in court fees and imposed all costs on the association. This is an award to the insurer; the judgment does not establish actual payment.

Order the apartment association DAUMANI 17 to pay Salva Kindlustuse AS 2 213,90 euros to reimburse the insurance payment and 200 euros in court fees. All costs are borne by the defendant.