WON CASE in FIRST INSTANCE COURT AGAINST HCC EUROPE FOR GRUPO LABARO S.L. BUYER AT ‘COSTA GALERA COUNTRY CLUB’
We were pleased to inform our client today that we had won their case against the insurer HCC EUROPE in the First Instance Court. The clients did not receive individual Guarantees from the developer, Grupo Labaro S.L. or from the Bank to which their off-plan deposit was paid or from the General Guarantor of the development, HCC EUROPE.
Re: YOUR CASE AGAINST HOUSTON CASUALTY COMPANY EUROPE, SEGUROS Y REASEGUROS S.L. (HCC)
PO xxx/2013
Please find attached the Sentence Number xxx/2015 from the First Instance Court No.1 in Estepona.
Your case against HCC has been won.
The final paragraph of the First Instance Sentence delivered on 16 November 2015 and notified on 16 November 2015 states:
“I uphold the Lawsuit filed on behalf of xxxxxx xxxxxx against HOUSTON CASUALTY COMPANY EUROPE, SEGUROS Y REASEGUROS S.A. and state that it is responsible in solidarity with Grupo Labaro S.A. and condemn HCC EUROPE to pay to xxxxx xxxxxx, jointly, the same amount established in the sentence of 16 September 2008 from the First Instance Court No. 4 in Estepona in ordinary trial no. xxx/07, the amount of xxx,xxx euros, plus legal interest on that amount, calculated at 6%, from the judicial questioning in procedure no. xxx/07 until complete payment; plus annual interest equal to the legal interest on money in force at the time accrued, increased by 50%, and, after two years from the occurrence of the claim, the annual interest may not be less than 20%. With imposition of costs on the defendant”
So your Lawsuit has been upheld and HCC is now jointly liable with the developer Grupo Labaro S.A., to refund the amount of xxx,xxx€ plus statutory interest which will be calculated in due course.
Costs of the First Instance Proceedings are imposed on HCC.
Interesting points from the Sentence are:
HCC claimed that actions of this type against an insurer were subject to a time limit of 2 years as per Article 23 of the Law of Insurance Contracts. However the Judge stated that this action with an insurance linked to LEY 57/1968 is covered by the deadlines established in Article 1964 of the Civil Code, which is 15 years, and that this limitation period has not elapsed in this case.
HCC also argued that as the developer had already been sued and found liable in a previous action then it was not possible to claim the same amount from HCC. The Judge stated that although you had won the previous case against the developer, you had not received any payment from the developer, Grupo Labaro S.A.; therefore there is no unjust enrichment. Furthermore, the Judge confirmed that you had the right to take legal action against the developer and insurer individually in separate actions (which you did) or simultaneously in one action.
All the arguments put forward by HCC were dismissed by the Judge.