Insurance Contract violations
The most important articles of the General Conditions that have been violated after the sentence of the Santarem Court in 2015 are:
Articles 14-18 Important Contract Conditions
Articles 23 -25 Obligations of the Insurer and the insured (policy holder)
Article 26 – 26 Determination of he amount of Indemnity
A. The Contract Conditions – articles 14-18
Article 15 – lid 1 determines that the insured capital is always the responsibility of the policy holder under the following condition :
The value of the insured capital for buildings must correspond, both on the date of the contract and at each moment during its term, at the market cost of the respective reconstruction, taking into account the type of construction or other factors that may influence this cost.
This is an obligation of the policy holder. So in 2001 the insured capital of the 5 insurance contracts provided to the previous promised buyers by Fidelidade in 2001, after having canceled the corresponding contracts made with Transes International SA, in principal represent the market costs of the reconstruction, with a total value of 946.865,= Euros.
Only in 2013/2015 the insured capital of 2 of the 5 houses was increased resulting in a new total of 1.028.344,= Euro.
According to last information from the INE the construction costs from 2001 until 2019 for houses (start of the legal process) increased with 41.5%.
Implying that in accordance with the obligation of article 15 the insured capital of 946.865,= Euro in 2001 should have already been increased for 2019 with 41.5% to the amount of 1,339,813.98 Euro. ( similar increases for the individual contracts)
That did not happen! Consequently the insured capital of the 5 insurance contracts as presented by Fidelidade in this court process (3 were never adapted since 2001) are not representing the market costs of the reconstruction in 2019.
An act of Ma-fe:
When the 5 insurance contracts of Transes International SA were finally restored by Fidelidade in February 2018 without the possibility offered by Fidelidade to adapt the Insured Capital to the market costs of the reconstruction, Fidelidade violated article 15 of the General Conditions of the Insurance contracts;
So the insured capital of the 5 insurance contracts restored by the Santarem court was never specified for 2018 or 2019, and certainly not in accordance with article 15.
Wrong Damage calculation procedure:
There is a second (internal) consequence. Marta Marcal, the previous lawyer, used the insured capital of these insurance contracts, not representing the reconstruction costs, for the calculation of the damage caused by the wild fire;
Instead of using the Casema values for the real reconstruction costs of the 5 houses (1.291.008,= Euro) received from me; an amount very close to the INE cost calculation of 1,339,813.98 Euro.
Therefore a Court case correction is needed:
A big mistake that must be corrected in this legal case in the Castelo Branco court as the present claimed damage for 2018/2019 used, does not represent the real reconstruction costs.
(Today the reconstruction costs for 2023 have increased much more since the date of this Fidelidade process of 2019 – see Annex I-2a)
ARTICLE 18 – COEXISTENCE OF CONTRACTS
1. The policyholder or the insured are obliged to communicate to the insurer, under penalty of being liable for liabilities and damages, the existence of other insurance with the same object and guarantee.
2. If more than one insurance contract exists at the date of the Minister with the same effect and guarantee, the present contract will only work in case of non-existence, nullity, voidability, ineffectiveness or insufficiency of previous insurances.
In accordance with article 18 lid .2 the original 5 Transes contracts from 1998-1999, restored by the court in Santarem are the only valid ones, as the other ones from third parties (previous promised buyers) are from a later date (2001), and according to the General conditions – article 18, lid 2- are not valid
It confirms a similar conclusion from the sentence of the court of Santarem in answer to the demand of Transes International SA to cancel these newer contracts made by Fidelidade.
Violation of the General Conditions, an Invalid legal process in the CB court, and a Ma-fe action.
So in accordance with article 18-Lid 2 the resulting damage claims based on the 2001 contracts of the previous promised buyers used in the legal process in Castelo Branco are invalid, making the whole legal process invalid; an act of Ma-fe from Fidelidade.
It also implies that for Fidelidade only the Transes International / van Es insurances contracts are valid and Fidelidade should have paid in accordance with the General conditions not later than the end of 2017 the damage caused by the fire.
Again a serious violation of the General Conditions and a misleading action in the court of Castelo Branco by Fidelidade.
B. Obligations of the contract parties – articles 23-25
Article 23 – Obligations of the insurer, Fidelidade
1. d) Carry out the investigations and investigations necessary for the recognition of the claim and the assessment of damages, with adequate promptness and diligence, under penalty of being liable for damages;
1 e) Satisfy whoever is owed the installment to which he was obliged under the terms of this contract, once the causes, circumstances and consequences of the claim are determined, as well as the amount of the compensation to be paid, without prejudice to payments on account, whenever it is recognized that they must take place
2. If, after 45 days, the insurer, in possession of all the essential elements for repairing the damage or paying the agreed indemnity, has not carried out an obligation, for unjustified reasons or for which it is attributable, it will incur delay, the indemnity becoming due interest at the vgo.(?)
Fidelidade violated article 23 – lid 1d and 1 e and 2 as no investigation took place after the wild fire of June 2017 and the incident was reported to Fidelidade by emails and in written on the 25th Of June 2017. Also lid 2 was neglected.
Again important violations of the General Conditions of the insurance contracts and an act of Ma-fe.
C. DETERMINATION OF THE AMOUNT OF INDEMNITY – ARTICLE 26
1. In the event of an accident, and even if the insurance produces effects in favor of third parties, the assessment of the insured goods and the respective damages will be carried out with the intervention of the policyholder, the insured and the insurer, observing the criteria established in art. .° 15° for the determination of the insured capital.
It did not happen, and is therefore also another violation of the General Conditions.
Other harmful actions carried out by Fidelidade and its lawyers, such as:
Refusal to transfer the restored insurance contracts to the since 2005 new owner of the properties.
Various misleading and offensive actions of the Fidelidade lawyers in the Dutch process in 2018 and in the present legal process in the Castelo Branco court.
In principal all other actions to delay the damage payment, or even for not paying at all, after the premiums have been paid on valid insurance contracts as sentenced by the Santarem court, are in violation with the general conditions.
(Part of the case evaluation report; more details are presented in the other annexes belonging to this report)