Insurer’s damages claim: compensation agreed
Editorial summary
Ergo Kindlustuse AS sought damages from the association and XX. The court approved a settlement providing for compensation by the association and abandonment of the claim against XX, without determining the circumstances of the damage or the parties’ fault.
Narva linn, P. Kerese tn 6 korteriühistu · 80183301
Ergo Kindlustuse AS · 10017013
Participants and roles
- Ergo Kindlustuse AS — claimant, insurer
- Narva linn, P. Kerese tn 6 korteriühistu — first defendant
- XX — second defendant
The dispute and the court’s decision
Ergo Kindlustuse AS brought a damages claim against Narva linn, P. Kerese tn 6 korteriühistu, called KÜ Kerese 4/6 in the order, and XX. The order does not disclose the precise circumstances of the damage. Under the settlement the insurer abandoned its claim against XX and reduced its claim against the association to 2,500* euros.
The association undertook to pay the insurer two instalments of 1,250* euros: the first within 30 days after the order becomes final and the second within 30 days after payment of the first. It also undertook to reimburse XX’s costs of 245* euros within 30 days after the order becomes final. The insurer and association bear their own costs; XX abandoned the costs claim against the insurer. The court approved the settlement and discontinued proceedings; the parties waived an appeal. The order does not confirm actual payment.
Outcome of this decision
The settlement was approved and proceedings discontinued. The association undertook to pay the insurer 2,500* euros in two payments with the agreed dependent deadlines, and XX’s costs of 245* euros; the insurer abandoned its claim against XX.