Published
26/01/2024
In March 2018, the roof of Möbellind's store in Boden collapsed due to a structural defect, resulting in the total destruction of the building. Möbellind reported the incident to the insurance company Gjensidige, which subsequently informed them that the damage was not eligible for compensation. The Supreme Court has now determined that the roof collapse is indeed covered by Möbellind's insurance.
The catastrophic event occurred on March 25, 2018, when the roof of Möbellind's store collapsed due to a structural flaw in the building. A flaw that the owners had no previous knowledge of. The collapse led to the complete destruction of the building, including its interior and furnishings. Gjensidige, Möbellind's insurance provider, contended that the damage could not be reimbursed through the insurance. Möbellind argued that the damage should be covered by Gjensidige's all-risk insurance.After rulings from both the district court and the Svea Court of Appeal, the Supreme Court granted permission to hear the case. The main hearing in the Supreme Court took place in late November 2023, and the final verdict was delivered January 25, 2024.
The Supreme Court's decision affirms that the incident falls within the scope of the relevant insurance's all-risk coverage. It highlights the structural deficiency in the building as the primary cause of the collapse and deems the damage sudden. The court also asserts that the damage was not reasonably foreseeable by Möbellind's management, rendering it unforeseen within the terms of the insurance policy. Additionally, the verdict clarifies that no exceptions to the insurance apply.Accepting Möbellind's narrative of events, the Supreme Court, in all aspects, supports Möbellind's arguments regarding the sequence of events, the cause of the store collapse, and the eligibility for compensation under the all-risk insurance.
Peter Löfroth, owner and representative for Möbellind, stated: "This is clearly a unique case with great challenges. The verdict from the Supreme Court naturally gives us great joy but also relief. Morris Law has been with us every step of the way and managed the process marvelously."Morris Law, represented by Jonas Du Rietz, Christoffer Nystedt, and Victoria Kedner, provided legal assistance to Möbellind throughout the litigation against Gjensidige.
The complete verdict can be accessed on the Supreme Court's website here.
Morris Law has acted as legal advisor to Åhléns Group in connection with the company’s successful issuance of senior secured bonds in the amount of SEK 500 million, under a framework of up to SEK 1 billion. The bonds have a tenure of three and a half years and carry interest at STIBOR 3 months plus 5 percent per annum.
Pursuing a dispute always involves financial risk – even when the case is strong. It also places pressure on a company’s liquidity throughout the process. As a result, many companies choose to abandon even well-founded claims. Through our collaboration with Litigium Capital, we offer flexible pricing models that make it possible to pursue legal proceedings without bearing the full cost yourself. You retain control of the process – we share the risk.
Morris Law has entered into a collaboration agreement with legal financing company Litigium Capital for the financing of disputes. The agreement, likely the first of its kind in the Nordic region, means that Litigium Capital will invest in a portfolio of disputes managed by Morris Law on full or partial contingency (under a success-based fee model).