In the document delivered to the Prosecutor’s Office, they also sue the Superintendent of Companies, Securities and Insurance.
On Tuesday, November 23, 2021, a delegation from the residents of the Solanda neighborhood, in the south of the capital, to the facilities of the Fiscalía General of the State. The citizens, accompanied by their lawyers, entered a lawsuit against the Acciona Consortium (construction company of the Quito Metro) and Superintendent of Companies, Securities and Insurance.
Most of the homes in this sector were damaged by the vibration of the tunnel boring machines that opened the way to the Quito Metro project, some are uninhabited due to the great affectation, others continue with their inhabitants because the damage is not extreme or because they have nowhere else to go.
The demand is for “Damage to the good of others”, are protected in article 240 of the Comprehensive Organic Criminal Code, numeral six that establishes that “it will be sanctioned with imprisonment of three to five years, if someone else’s home is seriously destroyed, preventing them from residing there ”.
In the previous administration, they offered to serve the residents of Solanda. However, for Fernando Chamba, one of the inhabitants, has not provided a response, neither from the construction company, the Metro, the insurance company or from the Superintendency of Companies.
The latter, according to the complainants, should have forced the Consorcio Acciona and the insurance company the payment for the damage caused in this sector, However, it was not. “We filed this criminal lawsuit against Acciona and Generali (an insurance company hired by Acciona) for not wanting to pay for the damage to our homes,” said Chamba.
This newspaper requested an interview with the Quito Metro and they responded that, on the subject, maintain an inter-institutional table with other entities of the Municipality to respond to the needs of this sector.
Yesenia Riofrío, regional director of insurance of the Superintendency of Companies, Securities and Insurance, told EL UNIVERSO that this institution already issued a response on January 20. “According to the Commercial Code, the liability insurance, what is the coverage that they intend to make effective, It is not insurance in favor of third parties, in this case it should be the insured of Generali the one that should present the request ”.
In other words, the Acciona company, as a Generali insured, would be the only one with the capacity to request payment for the damage caused to these homes. However, this has not happened yet.
The residents of Solanda claimed that a countless number of inspections of more than 260 homes, and that from the Mayor’s Office of Mauricio Rodas they ask for help to be provided.
“Three people have died,” says the letter sent to the Prosecutor’s Office, due to physical and psychological problems due to the damage to their homes. What they ask is that I know order the payment of reparation to the villagers of this sector and that more deaths are avoided. (I)
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