P
peterg
Guest
In a storm earlier this year a large tree in my garden came down and damaged, inter alia, some of my next door neighbour's property.
My insurance company is refusing to compensate my neighbour, although it has compensated me for some of the other costs I have incurred, including the reconstruction of the party wall.
The company argues that what happened was not my fault, I could not have foreseen what happened to the tree, thus it was an act of God and my neighbour should claim on his own insurance policy, which he is reluctant to do because of the likely effect on his future premiums.
This seems mad to me. My tree damaged my neighbour's property, therefore surely it is my responsibility (and by extension my insurer's) to make good the damage?
I would be interested to hear of custom, precedents, insurance law etc. in this area.
My insurance company is refusing to compensate my neighbour, although it has compensated me for some of the other costs I have incurred, including the reconstruction of the party wall.
The company argues that what happened was not my fault, I could not have foreseen what happened to the tree, thus it was an act of God and my neighbour should claim on his own insurance policy, which he is reluctant to do because of the likely effect on his future premiums.
This seems mad to me. My tree damaged my neighbour's property, therefore surely it is my responsibility (and by extension my insurer's) to make good the damage?
I would be interested to hear of custom, precedents, insurance law etc. in this area.