A person with the usufruct of a partly Dutch house has sued a St Maarten bank-insurance company because they believe the establishment failed to compensate them for damages caused by Irma estimated at $ 136, according to to the contract signed in 100. The case was examined by the St Maarten district court.
The bank refused to pay because it claims that no contract was taken out, at least that it has expired since 2013 for non-payment.
She described the steps to enter into a contract and according to her, a step has not been validated. The procedure explained is as follows: a subscription form and a pro forma invoice are sent to the customer, a provisional confirmation of the insurance cover is issued when the customer pays the bank the full amount of the premium indicated in the bill. This confirmation is valid for thirty days and is sent to the broker. If the broker validates, the bank issues the insurance policy, the contract is taken out. If the broker does not validate, the bank refunds the amount paid to the customer.
In the case examined, the bank claims that a confirmation of coverage was sent in 2012 but the pro forma invoice five years later and only half of the premium has been paid by the client, which is why no final confirmation was sent and no contract issued.
The court rejected the person's claim and ordered him to pay the bank $ 2 in court costs. It is also pointed out that even if the contract had been concluded, it was not up to the bank to pay the compensation but to the broker.
(soualigapost.com)
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