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Insurance says no "act of God"


flatyre
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13 hours ago, flatyre said:

was out quoting today and was asked for a price to remove a large chunk of Eucalyptus which had broken off and landed on a shed. Tree belonged to the neighbour but he phoned his home insurer who said "not covered, act of God". The shed owner then phoned his home insurer who said "not covered, act of God" Is this true or just an excuse for home insurers to get out of paying? If i'm driving down the road and a gust of wind hits me and puts me in the ditch, and I phone up my insurer will I be  told "not covered, act of God", if my house floods due to heavy rain is that covered or is it an "act of God"? For some reason I thought "acts of God" had been done away with in insurance as they created too big a grey area?

in an era where you can claim for just about anything, how can one person be left with damaged property and out of pocket because of something growing in someone else's garden?

All laws are based on fairness ,in this case the question might be posed who had what first, the tree or the shed.

 

If the tree was there first its beholden on the shed owner to take into account any future damage from the tree..  if the tree owner planted after the shed, then its beholden on him take into account any future damage the tree might do..

 

Then theres the frivolous complaint..   how much damage to the shed?..

 

Then there the fact a landowner can if he wishes ameliorate any damage from encroaching tree's by having a legal right to cut back limbs to a boundary.

 

Basically, it looks like it might be a case of the shed owner getting his hands in his own pocket and not trying claim off insurance.. or going round to his neighbors and plead for help in costs..  good luck with that..

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3 hours ago, Vespasian said:

 

If the tree was there first its beholden on the shed owner to take into account any future damage from the tree..  if the tree owner planted after the shed, then its beholden on him take into account any future damage the tree migh

Rubbish.

 

The shed owner can build on his own land and expect the tree owner to take reasonable precautions to prevent anything on his land injuring the neighbours. You can’t be prevented from using your own land as you wish because your neighbours trees might fall over or drop a branch.

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45 minutes ago, Gary Prentice said:

Rubbish.

 

The shed owner can build on his own land and expect the tree owner to take reasonable precautions to prevent anything on his land injuring the neighbours. You can’t be prevented from using your own land as you wish because your neighbours trees might fall over or drop a branch.

 

Well that did cross my mind as well, its your land so you can do what you want on it..   which is true..  but what would you say if someone put a greenhouse up under a dodgy looking tree?...

 

wouldn't you say he was asking for it if the tree smashed his greenhouse at a later date?..  the idea would surely come into a judges deliberations if he was asked make a judgment on financial penalties..  

 

 

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7 minutes ago, Vespasian said:

 

Well that did cross my mind as well, its your land so you can do what you want on it..   which is true..  but what would you say if someone put a greenhouse up under a dodgy looking tree?...

 

wouldn't you say he was asking for it if the tree smashed his greenhouse at a later date?..  the idea would surely come into a judges deliberations if he was asked make a judgment on financial penalties..  

 

 

You really do live in a world of your own.

 

What happens if I build an extension/conservatory on the back of my place and next doors tree falls on it?

 

Was I the fool for extending my property on my land?

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7 minutes ago, eggsarascal said:

You really do live in a world of your own.

 

What happens if I build an extension/conservatory on the back of my place and next doors tree falls on it?

 

Was I the fool for extending my property on my land?

errr, good point..  I suppose it comes down to value,, I put a green house up and its my look out if the tree falls on it, you put a house under a tree and its the tree owner who gets to get worried...

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1 minute ago, Vespasian said:

errr, good point..  I suppose it comes down to value,, I put a green house up and its my look out if the tree falls on it, you put a house under a tree and its the tree owner who gets to get worried...

It's got nothing to do with value.

 

Thats a bit like saying if I park my van (worth a few grand) on the driveway and next doors tree falls on it it's my problem, yet if Mrs Egg parks her £30k motor under the same tree and it falls she would have the right to an insurance claim.

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7 minutes ago, Paul in the woods said:

I though 'act of god' was to exclude extreme events such as hurricanes rather than your average winter gale. If the damage is very costly then it might be worth going through the policies carefully to see if the damage is actually excluded.

I don't know how it works. A few years ago our conservatory roof leaked, blew the ceiling in the lounge and knackered the plaster in the conservatory along with a wooden floor and carpets. When the assessor came out, he said that on the day it happened there had been an exceptional amount of rainfall. That was put down as an act of god, and we got paid out.

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18 hours ago, flatyre said:

Is this true or just an excuse for home insurers to get out of paying?

The simple answer to your question is that what is covered and what is excluded in an insurance contract depends on what is in the contract and how it is phrased. Rather than me just copy you would be as well to look up Act of God on Wikipedia...it gives a good case (flooding) where the possibility of an act of god is the prime reason for you taking out insurance in the first place.

 

With regards to trees falling on buildings your house insurance may cover your house but is less likely to cover your shed; if your tree falls on your neighbour's shed it will be the liability clause in your contents insurance  (yes!) that is likely to cover your neighbour's claim and your legal cover that might assist you in fighting any liability if you didn't have contents cover.

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17 minutes ago, eggsarascal said:

It's got nothing to do with value.

 

Thats a bit like saying if I park my van (worth a few grand) on the driveway and next doors tree falls on it it's my problem, yet if Mrs Egg parks her £30k motor under the same tree and it falls she would have the right to an insurance claim.

If you had no idea the said tree was likely to come down then both you and the wife would be paid out..

 

If on the other hand you knew it was likely to fall on either car, you'd be questioned as to your own duty of care.. or negligence would you not?...

 

Would you leave a bicycle under a dodgy tree? I suspect it wouldn't matter would it. would you leave a thirty thousand car under a dodgy tree, I'd say not..   does a tree owner have a duty of care?.. yes.. but what if he has no reason to suspect his tree is in danger of falling down..

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