Tallinna mnt 32: reimbursement of insured water damage

The court established leakage from a common system and the claim transferred to the insurer.

AB “Lietuvos draudimas“, through its Estonian branch, sought reimbursement from Narva linn, Tallinna mnt 32 korteriühistu of 1964 euros paid for water damage and late-payment interest. The association submitted no position, but the court examined evidence of insurance, payment, causation and the amount of damage. The water came from a defective common system: piping and a towel dryer installed by the association. Location inside an individual apartment does not exclude common ownership. The court found a breach of the maintenance duty and a causal link to the damage; no evidence excusing the breach was provided. Insurance payment transferred the owner’s claim to the insurer. The estimate established restoration costs; the mentioned equipment costs were outside the claim. The award was 1964 euros in damages and 117.42 euros in late-payment interest for 23 October 2025 to 25 May 2026, totalling 2081.42 euros. From 26 May 2026 statutory late-payment interest runs on principal until payment. A further 575 euros in costs was awarded with statutory late-payment interest from finality of the order quantifying costs until performance. Payment by the association was not established.

The association was ordered to pay 2081.42 euros in damages and accrued late-payment interest, further late-payment interest on principal, and 575 euros in costs with separate late-payment interest.