Attorneys of the Aivar Pilv Law Office were successful in civil court proceeding
Attorneys-at-law Aivar Pilv and Marko Pilv of the Aivar Pilv Law Office successfully represented their client Argo Ader in civil court dispute. With the decision of the Harju County Court dated 8 December 2015, the court refused to satisfy the application of an insurance company Seesam Insurance AS against Argo Ader for claiming the return of ungrounded funds; all the procedural costs were subject to be borne by the applicant.
In December 2014 the Seesam Insurance AS submitted an application against Argo Ader to receive the amount of 49,107.73 euros and later also interest in amount of 15,715.46 euros. Previously the insurance company had submitted a similar application within a criminal proceeding where Argo Ader was accused of committing an insurance fraud (i.e. staged car accident to receive insurance benefit). The criminal case was terminated due to the expiration of reasonable procedural time and therefore also the civil case was not reviewed. Thereafter the insurance company submitted a claim against A. Ader for returning the paid insurance benefit.
In this civil case the Harju County Court stated that the insurance company Seesam Insurance AS has not proved that A. Ader intentionally staged the car accident and submitted incorrect data to the insurance company in order to receive compensation, therefore also the grounds are lacking to claim the repayment of the insurance benefit. The court thoroughly analysed also the evidences gathered during the criminal proceeding and took a standpoint that A. Ader has neither knowingly submitted incorrect data nor intentionally caused the accident.
The court also stressed that during the period of 5 years after the accident, the insurance undertaking had kept the damaged vehicle Dodge Viper in outdoor conditions which significantly deteriorated the state of the car with broken constructions and windows. Thus the inactivity of the insurance company increased the damages since it was impossible to sell the wrecked car for the price that would have been appropriate under different conditions.
The attorneys-at-law Aivar Pilv and Marko Pilv who represented A. Ader in the court proceeding noted that the decision of Harju County Court was thoroughly motivated and in accordance with the Estonian laws. änane otsus on põhjalikult ja igakülgselt motiveeritud ning kooskõlas kehtiva õigusega.
The article in Estonian can be read here.