Africa-Press – Cape verde. Enapor filed a lawsuit against the insurance company Azuaga in the Lisbon Court for its failure to pay an amount of 650 thousand euros plus commercial interest on arrears, on the Atunlo case.
The information is contained in a statement from the Enapor board of directors’ office sent to Inforpress.
“On 15/01/2025, Enapor, S. A., filed a lawsuit for conviction, in the Court of Lisbon, against the insurance company Azuaga – Companhia de Seguros S.A. (previously referred to as “Abarca companhia de seguros, S.A.”), which subscribed to the guarantee of good performance of the concession contract, in the form of Insurance-Caução (on first demand) at the request of the concessionary company Atunlo CV, S.A., with Enapor, S. A as the beneficiary”, says the statement.
According to Enapor, the insurer must pay the guaranteed amount based on the mere request of the beneficiary due to the breach of contract by the concessionaire.
However, the same source added, “despite the declared non-compliance of the concessionaire company, Atunlo, and the request for payment of the insured capital, the insurer has been refusing immediate payment, making it conditional on the presentation of justifications and evidence of non-compliance, which is not lenient with the nature of the surety insurance subscribed by the insurer”.
According to the board of directors of Enapor, the basis of the action is the failure by the insurer to fulfill its obligation to pay the amount covered by the insurance guarantee, upon first notification by the plaintiff Enapor S.A., when the contract provided for the payment of the insured amount to the beneficiary without the need for prior analysis of evidence or justifications.
“At issue is the payment of the amount guaranteed through the insurance bond in question, in the amount of 650 thousand euros, plus commercial interest on arrears”, informed Enapor, which also clarified that it had no influence in the choice of the insurer.
“It was up to Atunlo CV; S.A., under the terms of the contract, to present a valid bank guarantee or insurance bond, to guarantee the concession income in the event of non-compliance and/or other obligations established within the scope of the contract signed between the parties”, he reinforced.
In February, the chairman of the board of directors of Enapor, Ireneu Camacho, announced that all of Atunlo’s assets had passed into the possession of Enapor, due to the non-compliance with the concession contract by the Spanish fish processing factory, located in Porto Grande do Mindelo and inactive for over a year.
The same source also announced, at the time, that a new partner to explore the cold platform should begin activities between March and April of this year.
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