Roof leak: award to the insurer upheld

Swedbank P&C Insurance AS paid insurance compensation after water entering through a roof damaged interior finishes. Relying on the claim transferred to it up to the amount paid, the insurer sued KÜ Rahu 28A, now Narva linn, Rahu tn 28a korteriühistu. The county court awarded 2,928.80 euros; the association appealed. The association argued that it had followed general meeting decisions, contracted for repairs and operated within its budget. It also relied on weather conditions as a cause of damage it could not prevent. The circuit court supported the finding that the association had to organise maintenance of the shared roof and was the proper defendant. Decisively on appeal, the association had not supplied material supporting its defences, although the insurer had disputed them and the association had opportunities to submit evidence. References to repairs and proper maintenance alone did not displace the established basis of liability. The appeal was dismissed and Viru Maakohus’s judgment of 11 January 2013 upheld. The association bears costs in both instances. The insurer had paid compensation before this dispute; the award against the association does not establish actual performance.