Kangelaste prospekt 18a: insurer’s case ended after payment; reduced costs awarded against association

The insurer waived its demand after payment; the dispute continued over whether the association should bear the costs of going to court.

AB Lietuvos draudimas, through its Estonian branch, brought a damages claim against the apartment association Narva linn, Kangelaste prospekt 18a. The insurer later waived its application because the principal demand had been met. The association did not object to termination but disputed liability for costs: it said payment was made on the same day the insurer went to court and proceedings could have been avoided. The court accepted the waiver, applying the rules on waiver of a claim by analogy. It did not decide the original damages demand again. On costs, it noted that the association had not previously said it needed extra time to contact its own insurer or reported the results. The court did not know the time of transfer within the day, so the same date for payment and filing did not prove absence of a demand at the time of filing. Costs of 523 euros were requested. The court reduced both preparation time for a standard application and the representative’s reimbursable hourly rate. It found 265 euros for legal assistance and 25 euros for the non-refundable fee portion justified. The ruling of 27 September 2024 ended proceedings, awarded 290 euros in costs against the association and provided for interest on the unpaid amount from finality. Another 25 euros, half the fee paid, is refunded to the insurer by the state. The scheduled hearing was cancelled. The result does not mean a fresh award of the original damage or approval of all legal costs claimed.

Terminate the case following the insurer’s waiver after satisfaction of the demand. The association bears costs; award 290 euros and statutory interest on the unpaid amount from finality. Refund the insurer 25 euros in court fees and cancel the hearing.