Fidelidade case in a nutshell (updated)
A case of double Fidelidade insurance contracts
“How a simple case can legally be manipulated by Fidelidade and its lawyers, resulting in large financial consequences”.
In 2001/2002 Fidelidade canceled illegally and secretly, on the basis of falsified cancellation cards (made by a group of 11 promised buyers) the insurance contracts hold by Transes International SA for chalets built in the Almegue project.
At the same time Fidelidade provided secretly, and against the will of the Transes companies, similar insurance contracts to the 11 promised buyers on the same properties, legally owned by Transes Investments SA, and refused to restore the previous situation.
For that reason, Transes International SA put Fidelidade in 2004 in the Santarem court (proc. 2270/04.6TBSTR).
Fidelidade was sentenced in 2015 (after an appeal of Fidelidade SA) to restore 7 insurance contracts on the same conditions as before (General conditions of the contracts), but the Judge left the insurance contracts made with the previous promised buyers valid, stating that in case of insured incidents only the Transes polices were valid as they were concluded before the other ones.
So, the sentence left double insurance contracts made by Fidelidade SA on the same properties in the Almegue project valid. Something Fidelidade solved in 2001/2002 by the illegal cancellation of the insurance contracts of Transes International SA
Fidelidade refused, in contempt of the Santarem and the appeal court to execute the sentence.
Under legal pressure only the insurance contracts were (more or less) restored in February 2018, after the chalets were already destroyed by the wildfire of June 2017. All according to Fidelidade and its lawyers. (a first violation of the sentence).
From a special investigation made by Almegue-Invest, it became clear that these new insurane contracts were violating the Poruguese insurance law 72/2008, 16 of April, in particular the articles 43 and 44, and therefor null and void. (invalid new contracts)
But also in violation with the court sentence not restored on the basis of the previous General conditions, in particular in violation with the articles 15, 18 and 23, as ordered by the courts (a second violation of the sentence)
In violation of the article 15 the insured capital values, determined in 1997/1998 with the start of the insurances, could, after the Santarem sentence, not be increased in accordance with the increase in the construction costs of about 25 years. An increase of at least 35 to 40% (INE source).
Moreover, the insurance contracts could not be transferred to the new owner, Jan van Es; all refused by Fidelidade in 2018 and all not made possible and blocked by Fidelidade.
Finally, Fidelidade refused to pay the financial damage caused by the Wildfire not later than the end of 2017 on the basis of the restored insurance contracts of Transes International SA and in violation with the sentence stating that only these insurance contracts would be valid in cases of insured incidence (a third violation of the sentence).
All these illegal refusals (3 times) to execute the sentence of the Santarem court in all its convictions lead finally to the present illegal and fraudulent court case by Fidelidade SA and its lawyers started in 2019 in the Court of Castelo Branco (Serta), and still in 2024 waiting to be handled by the court. (process 736/19.2T8CTB)
In 2018 Fidelidade SA could have solved the insurance case caused by the wildfire during the small and simple court case in Breda, the Netherlands. At a time the size of the damage claim could still be controlled.
In stead, this process showed the malicious and fraudulent approach of Fidelidade SA and its lawyers team, resulting one month after the sentence of the Breda court, in the present dirty and illegal process in the Castelo Branco court, with its main objective: Not Paying at all.
This process is invalid for different reasons:
- The process is violating article 39 of the General contract Conditions of 2002, stating that all disputes should be solved via arbitrage. The same clause used by Fidelidade in 2018 to stop the process against Fidelidade in the Breda court, resulting in an incompetent statement of the Dutch court to deal with the matter. Important and relevant Facts hidden by Fidelidade in its Initial Petition of the CBC process.
- Using an invalid legal process (debtor/creditors) procedure for this case, as even the credit values were at that time never be determined beforehand by the creditors.
- The inclusion of false and invalid insurance claims from third parties based on known and proven null and void insurance contracts.
- The inclusion and use of invalid (null and void) restored original insurance contracts of Transes International SA
- Fidelidade knew beforehand without any doubt based on indisputable facts to whom they have to pay the damage from the wildfire, that is to Jan van Es, the owner of the project (chalets and project lands), the “dono” of the insurance contracts hold by Transes International SA since 1999.
- Various violations of the General conditions of 2002 as ordered by the Santarem court
- Many other false statements without any proof and clear manipulations of the truth, all very close to frauduleus actions.
The court should reject this process in the prelimenary court session that after an unbelievable five years period must still start, after various posponements. The last one on the 15 November 2023 – No new date set yet.
While in the mean time, at the beginning of 2024, and almost 7 years after the wildfire, the financial damage to be claimed from Fidelidade SA is now more than nine million Euros, increasing with more than hundred thousand Euros per month.
Moreover, there is most likely the real possibility that in 2024 the financial claim will be doubled to about eighteen million Euros, when the pending new POACB (land use plan for the Albufeira Castelo de Bode) will scrap the reserved area for the Almegue project. A project that could not start again in 2017, blocked by Fidelidade SA and its lawyers.