Post by rajiyakhatun406 on Feb 12, 2024 1:36:07 GMT -5
On May there was a break in the electric water heater of a house located above a business premises dedicated to pharmacy activity. The aforementioned break caused an overflow of water, causing damage to the premises both on the continent and to the merchandise and products therein. The damages on the continent were attended to by the defendant. However, the damage to the merchandise was not considered by the owner of the home, whose value was quantified at 1,808.05. Likewise, the loss of profits caused to the business is claimed, since the electricity supply was interrupted, affecting the normal operation of the pharmacy the day after the incident, a circumstance that was valued at 308.11 euros of loss in terms of the sale of medicines.
The pharmacy's insurance company paid for merchandise losses, but not for loss of profits. The person affected by the damages claims to have demanded payment of said amounts from the owner of the home on two occasions, but every attempt was unsuccessful, so on October 30, 2017, a verbal lawsuit was filed to require payment of the damage. amount of 308.11 euros to the owner of Ecuador Email List the pharmacy as loss of billing benefits and 1,808.05 euros to the insurance company, since by having paid the compensation he subrogated the rights of his insured to claim the amount of the damage. Aim. Question raised. The lawsuit is filed in order to recover the value of the material losses caused by the overflow of water in the house on the floor above the premises where the pharmacy is located.
The strategy. Proposed solution. The claim is formulated by both the owner of the pharmacy and the insurance company that paid the value of the merchandise lost in the accident, thus subrogating the right of the insured to claim said compensation from the owner of the home where it originated. the incident, as established in art. 43 of the Insurance Contract Law. On the other hand, based on arts. 1,902 and 1,903 of the Civil Code, the owner of the home is required to comply with his obligation to repair the damage caused as a result of non-contractual liability. The judicial procedure Jurisdictional Order: Civil Court of initiation of the procedure: Court of First Instance No. 5 of Madrid.
The pharmacy's insurance company paid for merchandise losses, but not for loss of profits. The person affected by the damages claims to have demanded payment of said amounts from the owner of the home on two occasions, but every attempt was unsuccessful, so on October 30, 2017, a verbal lawsuit was filed to require payment of the damage. amount of 308.11 euros to the owner of Ecuador Email List the pharmacy as loss of billing benefits and 1,808.05 euros to the insurance company, since by having paid the compensation he subrogated the rights of his insured to claim the amount of the damage. Aim. Question raised. The lawsuit is filed in order to recover the value of the material losses caused by the overflow of water in the house on the floor above the premises where the pharmacy is located.
The strategy. Proposed solution. The claim is formulated by both the owner of the pharmacy and the insurance company that paid the value of the merchandise lost in the accident, thus subrogating the right of the insured to claim said compensation from the owner of the home where it originated. the incident, as established in art. 43 of the Insurance Contract Law. On the other hand, based on arts. 1,902 and 1,903 of the Civil Code, the owner of the home is required to comply with his obligation to repair the damage caused as a result of non-contractual liability. The judicial procedure Jurisdictional Order: Civil Court of initiation of the procedure: Court of First Instance No. 5 of Madrid.