Bellway & Damage from roof tile

cajef

Scrootum wrote: »

I spent years working in the underwriting industry. Not sure what sort of "evidence" you would accept.

cajef wrote: »

he will argue black is white just to have the last word.

Point proved enough said.

FlameCloud

cajef wrote: »

Point proved enough said.

In fairness, you haven't provided any proof, either.

Liability is created through one of three ways-

1. Tort law
2. Statute
3. Contractual

In our case, there is no contract between the owner of the building and the owner of the car, nor is there any relevant statute. As such, it will come down to tort law, which, as others have said, is in essence negligence for issues like this. Without this being proven, there is no legal liability and no payments will be due.

Here are some example wordings regarding liability to others-

Direct Line Home Policy-

We will pay for all amounts you become legally liable to pay as damages, in your capacity as owner of your home or any property formerly owned and occupied by you for residential purposes as a result of a claim made against
you for:
a) accidental death of or bodily injury to any person; and/or
b) accidental loss of or damage to any property,

Aviva Commercial Property Owners Policy - 2013 edition

We will cover your legal liability to pay damages and claimants’ costs and expenses for:
• accidental bodily injury or illness;
• accidental loss of or damage to property;
happening during the period of insurance
in:

Admiral Motor Policy

1a. Driving your car
You will be covered for everything you are legally responsible to pay due to an accident
in your car and:
■■ someone else is killed or injured
■■ someone else’s property is damaged – motor third party property damage losses
for private cars is limited to £20,000,000 per occurrence per policy

Sterling Property Owners policy-

We will pay you for all amounts which you shall become legally liable to pay as damages in respect of
a) accidental bodily injury to any person
b) accidental loss or destruction of or accidental damage to material property
c) accidental obstruction, accidental trespass or accidental nuisance resulting in interference with or loss of enjoyment of material property

They are all worded virtually identically across insurers.

Aretnap

FlameCloud wrote: »

If like to see it as well. I've been a chartered loss adjuster for more than ten years and I have yet to see an insurance policy- for any sector, be it marine, property owners, motor, commercial or bi that pays anything other than the legal liability for third party property damage.

Could such a policy even exist? You don't generally have an insurable interest in, say, your neighbour's car, so you can't insure against accidental damage to it, even if you want to. You do of course have an insurable interest in damage which you cause to your neighbour's car - but only to the extent that you're liable for it.

FlameCloud

Aretnap wrote: »

Could such a policy even exist? You don't generally have an insurable interest in, say, your neighbour's car, so you can't insure against accidental damage to it, even if you want to. You do of course have an insurable interest in damage which you cause to your neighbour's car - but only to the extent that you're liable for it.

There's a couple of bespoke policies I know of-a large house builders construction policy has a hired plant extension that will pay the reinstatement value of equipment rather than the indemnity value- even under the liability section, however this is still only in effect if they are legally liable.

Wordings like that though are mainly aimed specific policies where only paying indemnity would likely screw the insureds business relationship with the third party.

rs65

Cajef, you don't want to hear this but Scrootum is correct.

AdrianC is misunderstanding the liability section of his buildings policy. It will pay for damage/injury to third parties but only if he is legally liable.

Here is a quote from Direct Line's home policy

We will pay for all amounts you become legally liable to pay as damages, in your capacity as owner of your home or any property formerly owned and occupied by you for residential purposes as a result of a claim made against you for:
a) accidental death of or bodily injury to any person; and/or
b) accidental loss of or damage to any property,
which happened during the period of insurance shown in your schedule.
The loss, damage, illness or injury must be caused solely by you as owner of your home



Page 9 Section D if you want to read the whole thing

http://www.directline.com/home-insurance/standard-policy-document.pdf

NaturalBornHustler

Hi all
just to update, there was further damage a few nights ago all of which escalated and ended up being recorded in the local newspaper

There sure is someone to blame here (negligence)
The article can be found under "thurrock storm demand answers" in google

regards

vaio

think you might have dropped in lucky there, the documented tiles flying around and repair a year ago, then the damage to the car and the current damage etc could well build into a negligence case that will fix your car

NaturalBornHustler

Scrootum wrote: »

Was this during the recent gales?

indeed! literally the article is not even a day old! the initial damage was in october - the storms over the last two days have caused even more damage - 4 people made homeless and more roof tiles flying off!