View Full Version : Damage liability - Act of God
Paragon
21-03-2007, 12:35 PM
SCENARIO
The recent gales in January tore several tiles from my roof. My neighbour called me and said a tile had damaged his car bonnet. I told him to report the damage to his auto insurance company. I then notified my building insurance. His car has been fixed by his own auto insurance.
His auto insurance company now wants to claim against my building insurance, who I notified. My building insurance has now stated substantially that they can not help, as it was an Act of God.
QUESTION:
I have been informed that my neighbours auto insurance company can not hold me liable for the damage as there was no negligence on my part. In other words : No negligence, no liability> Is this correct?
jeffrey
21-03-2007, 12:37 PM
SCENARIO
The recent gales in January tore several tiles from my roof. My neighbour called me and said a tile had damaged his car bonnet. I told him to report the damage to his auto insurance company. I then notified my building insurance. His car has been fixed by his own auto insurance.
His auto insurance company now wants to claim against my building insurance, who I notified. My building insurance has now stated substantially that they can not help, as it was an Act of God.
QUESTION:
I have been informed that my neighbours auto insurance company can not hold me liable for the damage as there was no negligence on my part. In other words : No negligence, no liability> Is this correct?
Storm damage should be covered by buildings insurance- but policy terms will clarify what storm has to have damaged (eg perhaps covers only storm damage to insured house and not to neighbour's car). Do you also have legal expenses insurance as an optional extra?
Paragon
21-03-2007, 13:14 PM
Storm damage should be covered by buildings insurance- but policy terms will clarify what storm has to have damaged (eg perhaps covers only storm damage to insured house and not to neighbour's car). Do you also have legal expenses insurance as an optional extra?
Hi Jeffrey,
As my agent changed the insurance provider, I have asked for a copy of the New Insurance Documents. The previous insurance provider did have a clause that stated substantially that the policy does not cover damage to movable propertly. I will check on the legal expenses cover as I am not sure. What do you think of the no negligence, no liability issue and the Act of God response? I saw the film with Billy Connelly where he sued God for damage to his fishing boat, because the insurance company wouldn't cover it. Great film.
specialist
21-03-2007, 14:10 PM
You do have OR at least should have property owners liability which would cover third party damage caused by your building such a slate falling off the roof !!! But there is typicaly a £250 excess/deductable If your buildings insurers dont help threaten to report them to Financial Services Authority that usualy makes them think!!!!
If you need any help drop me an email specialist@deliteinsurance.co.uk
SCENARIO
The recent gales in January tore several tiles from my roof. My neighbour called me and said a tile had damaged his car bonnet. I told him to report the damage to his auto insurance company. I then notified my building insurance. His car has been fixed by his own auto insurance.
His auto insurance company now wants to claim against my building insurance, who I notified. My building insurance has now stated substantially that they can not help, as it was an Act of God.
QUESTION:
I have been informed that my neighbours auto insurance company can not hold me liable for the damage as there was no negligence on my part. In other words : No negligence, no liability> Is this correct?
Paragon
21-03-2007, 17:06 PM
I have now received a hand delivered copy of the Insurance Policy.
Somewhat confusing. However, the section LEGAL LIABILITIES Property Owner's Liability states under COVER. "We will indemnify The Insured against
(1) legal liability to pay Compensation
and
(2) Costs and Expenses
in respect of accidental
(A) Personal Injury
(B) Damage to Property
(C) obstruction, trespass, nuisance or interference with any right of way, air, light or water
which arises in connection with The Business ------.
On the next page under the heading CLAUSES it says "The following clauses apply to this Section.
Additional Activities
The Business includes
(1) ownership, use and upkeep of Your premises.
Can I read this that I am covered for LEGAL EXPENSES should I be sued for the clay tile flying off and hitting my neighbours car? Even though, my insurance company will not pay for the damage because they deem it to be an ACT OF GOD!!!????
Many thanks for your comments previously.
jeffrey
22-03-2007, 10:31 AM
"Legal liability to pay compensation" means damages, not legal expenses.
Reading your wording, I think that damage to neighbour's car should be covered anyway.
Send warning letter to insurer. State that, unless claim is recognised and payment aurthorised within two weeks, you will place the matter in the hands of your solicitors.
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