Challenge
Liability, both subjective and objective, is perhaps one of the most widespread legal topics in the area of insurance and compensation for damage, and yet very little developed in our country, which is precisely why these types of cases are an exceptional challenge.
The idea for the procedure itself was initially aimed at determining the liability of the employer, who in this particular case is legally obligated to disperse or insure it with an insurance company, not only due to personal liability towards his employees, but also due to liability towards third parties.
After initial investigations and collection of information, data and material facts, we concluded that the Employer had taken out liability insurance with one of the insurance companies. After determining the type of coverage, we filed a claim with the insurance company, which denied it on the grounds that the liability did not apply to the employees, but only to the insured persons, and that the damage occurred due to the personal responsibility of the injured party.
After providing the evidence and expert opinions in a short period of time, the lawsuit was filed with the Basic Civil Court in the Court, against the insurance company with which the employer had concluded insurance. With the lawsuit, we requested that the injured party be compensated for the non-pecuniary damage suffered, as well as for the part of the medical expenses.
The first-instance procedure ended positively in favor of the injured party, with an exceptionally favorable amount of compensation for damages. The insurance company decided reasonably and economically, so as not to increase the costs of the procedure and interest, not to appeal the verdict, but to voluntarily pay the damages in accordance with the injured party.
