Public liability cover required for council owned land???

cazzybabe

Please can somebody help..
We are looking to lease a small piece of land (60' x 10' appox) from the council under a Cultivation Order, a properly drawn up lease which allows us to plant out a piece of land which is directly in front of our existing garden. The reason for this is because we have to walk across this land from our front door to the pavement and we would like to make the land appear that it belonged to someone so as to stop dog owners allowing their dogs to foul on it. We could then stop playing 'dodge the poo' game.
Part of the term of the licence is to have 5 miilion public liabilty cover and that the insurance must indemnify the Highway Authority against any claim.
This is where I am experiencing problems.. my insurers - The AA, refuse to cover it as the land does not belong to us. The council say that it is a correctly drawn up contract and that they are not requesting anything out of the ordinary and that they have never experienced this refusal before.
PLEASE CAN SOMEONE HELP, I am not in the habit of giving up but this is most definately wearing me down....
Thank you for taking the time to read this.
Caz

mattymoo

Not come across a "cultivation order" before but it might help to explain how household liability covers normally work.

In law, you have an Occupiers Liability set down in statute. This covers activities you undertake as occupier of the home and land. If somebody is injured then they make the claim under the occupiers liability act. Typical things are dog bites to postmen and tripping on steps etc.

Occupiers liability cover is normally picked up under the contents section of the policy. This means even a tenant can have the cover.

Property owners liability is for injuries casued by the building and typical things include falling slates. Normally this is added in to the buildings section of the policy.

With an owner occupier you would sue the owner of the property and one of the above sections would deal with the claim. With rented properties you need to ascertain who had responsibility. If it was a result of the tenants activities (e.g. their dog bit you) then the occ liability section kicks in. If it was the building it is normally directed to the landlord who will have property owners liability cover in place.

Now the council are asking for your insurer to indemnify them for any injury that happens on their land. They are the property owner but it would be your activities (planting stuff) that might cause an injury - if you planted a poisonous plant or surrounded your little plot with razor wire for instance.

It should be possible to arrange the cover. You may already have it. Look at the contents section of your policy, liability to third parties (or others).

Does it say "We will cover your legal liabilities arising out of the property that you occupy"? If so, to my mind you will be occupying the verge and so the policy will kick in.

If so, I would go back to AA and ask them to confirm the cover. If the initial customer services person does not agree, ask for the matter to be referred to their technical underwriter.

Note, AA are a broker so they ought to refer to the insurer anyway.

cazzybabe

mattymoo wrote: »

It should be possible to arrange the cover. You may already have it. Look at the contents section of your policy, liability to third parties (or others).

Does it say "We will cover your legal liabilities arising out of the property that you occupy"? If so, to my mind you will be occupying the verge and so the policy will kick in.

Thanks for that mattymoo,

The wording i have found is : -

2. Your personal liability:

We will insure you for all amounts which you have legal liability to pay as compensation for accidents not connected with the occupation of your building which result in:
* death physical injury disease or illness to any person other than your employesss; or
* loss of or damage to property.

There is a limit of £2miilion for all claims arising from any one accident plus costs and expenses which we agree to in writing.

So going by the above statement it does appear we have cover just not for £5 miilion and with no indemnity against the council, would you agree?

Thank you so much for your help and assistance, Ii just need to ensure everything is correct and above board...
Caz

missile

I am not sure your plan will stop dog fouling.

My ex neighbour lived on a corner plot and "thoughtless" dog owners would regularly let their dog urinate and poo on his grass. So much so that there were several dead areas.

Please be advised that it is an offence to let a dog foul any public area, owners can be fined if they do not scoop it up. You may find it is the same dog, the owner lives close by and walks his dog only far enough so that it does not poo around his property. You ought to politely remind the owner and tell them you will be reporting them to the council.

I guess there may be some exclusion in the small print of the policy and would suggest you write to your insurers to clarify whether you are covered or not. It is too late to argue after the event.