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Kraavi tn 14: insurer waived its demand by agreement and undertook to reimburse association costs

Viru Maakohus · First instance

Damage and insuranceInsurance payment and insurer’s claim

Kraavi tn 14: insurer waived its demand by agreement and undertook to reimburse association costs

Ruling · Viru Maakohus · First instance

Narva linn, Kraavi tn 14 korteriühistu · Swedbank P&C Insurance AS · 80280195 · 11269248

Entry into force has not been reverified

Participants and roles: applicant — Swedbank P&C Insurance AS; interested person — Narva linn, Kraavi tn 14 korteriühistu; participants’ representatives XX

How it started · editorial summary

The insurer and association agreed that the insurer would no longer maintain its damages demand and would reimburse 720 euros in costs. The court approved the terms and terminated the case.

The dispute and the court’s decision

Swedbank P&C Insurance AS and the apartment association Narva linn, Kraavi tn 14 ended a damages dispute by settlement. The insurer waived its demand and undertook to reimburse the association 720 euros in costs. The ruling does not describe the original cause or amount of damage or the association’s detailed objections. The outcome therefore does not explain which party was right on the merits of that damage. It confirms an agreed end to the dispute. The parties submitted their agreement on 9 December 2022 and requested approval. The insurer confirmed that it no longer had any complaints or claims against the association in this dispute. It undertook to transfer the association’s costs within five working days after entry into force. The agreement states 600 euros plus 120 euros in tax, totalling 720 euros. The court found no obstacles to approval and terminated proceedings. Each participant bears costs not provided for in the agreement. The court ordered a 25 euro refund to the insurer, half the fee. The parties agreed to exclude appeals, and the court stated the ruling was not appealable. The costs amount is set by agreement, rather than a separate examination of every expense and the original claim’s circumstances. The duty to transfer 720 euros does not confirm actual payment to the association. The fee refund from the budget is likewise ordered, not shown as already performed.

Outcome of this decision

Approve the agreement on the insurer’s waiver of the demand and absence of claims against the association. The insurer reimburses the association 720 euros in costs within five working days after entry into force. Terminate proceedings and leave other costs to participants. Refund the insurer a 25 euro fee.
Translation of an anonymised, abridged excerpt from Estonian
II. Terminate proceedings on Swedbank P&C Insurance AS’s application against Narva linn, Kraavi tn 14 korteriühistu for damages.