Original contracts were never restored

After new research it became clear that the original insurance contracts of Transes International SA were never restored as ordered by the Santarem court in its sentence.

Not before the wildfire in June 2017 and not after it in February 2018.

In February 2018 Fidelidade send various invoices (aviso recibo’s) to Transes International SA, the holder of the original polices since the company signed the insurance contracts at the start of the house constructions (1997-1999). (see documents 21a, 21b, 29 – process Transes Database.

Surprisingly, the aviso-recibo’s received were for new insurance contracts, as stated by Fidelidade, Transes International SA never signed or agreed with. The usual important contract details were missing. No information about the secured object, another insurance contract number (apolice), No type of insurance (Ramo), and no insured capital. There is also no reference made to the general conditions or its implementation for these new contracts.

Moreover, it states that the new insurance contracts start from 2001 on, and not from the original dates of the contracts to be restored (1997-1999). In cases of incidents these new contracts of Transes international SA would not have the same priority as before, as they were now issued later in time than the ones of the previous promised buyers. (see sentence of the Santarem court process nr 2270/04.6TBSTR) – a clear built-in malicious trick

Transes International did not pay the invoices, as it did not accepted the new contracts as a substitute for its previous signed insurance contracts based on explicitly agreed contract conditions (last version for the year 2002, and part of the Santarem sentence).

In general terms, as later became clear, these new insurances (without the legally required details) issued in 2018 after the wildfire for properties that are destroyed are invalid, as it violates the Portuguese insurance laws ( articles 43, 44 of Decree law no 72/2008, 16 of April, art. 178 of Decree Law no 94-8/98 of 17 April, and of art 13 of Dcree Law 176/95 of 26 July

Large Consequences for the Castelo Branco Process

The whole process in the Castelo Branco court has now become, without any doubt, a mistrial or a fake process or it must be fundamentally changed, as it is only based on claims derived from not existing insurance contracts (see before).

It is now up to the lawyers of Transes International SA/Jan van Es to change this legal process in the Castelo Branco court and start with a real financial claim, after Fidelidade has properly restored the original contracts, how is not clear yet, but they are legalized by the sentence of the Santarem court, and of course taking into account and implementing the general contract conditions of 2002, as ordered by the Santarem court sentence, in particular article 15.