View Full Version : Acts of God vs Insurance


Berberis
27-04-2005, 13:38
Does anyone know or have experience with "Acts of God" and insurance claims.

A tile fell off the roof of the block of flats I live in and my insurance company say that as the building is less than 6 years old (apparently all roofs need to be inspected every 6 years) it is an act of god and therefore I cant claim off the buildings insurance!

If I make a claim it will be on MY insurance and so I loose my no claims etc!

cgksheff
27-04-2005, 13:53
Check what kind of warranty the new building has. Most come with a 10 year warranty these days, but you will need look to see if tile replacement is covered. Some do.

Cyclone
27-04-2005, 13:58
speak to cib or a solicitor. Send your insurance company a copy of the film "act of God" with Billy connely in it, very funny and covers precisely the point you are making.

forgot to ask, why do you care that a tile fell off? or did it hit your car?

Shiesh
27-04-2005, 14:05
What exactly has the tile damaged??? I would've though it would fall under property owners liability insurance if the actual buildings aren't owned by you but it is your property that has been damaged!!

cgksheff
27-04-2005, 14:10
The impression I got was that a tile has come off and serapis wants it repaired.
Now I am not sure.


What do you want to claim for?

SilentStatic
27-04-2005, 14:14
Perhaps (s)he wants to sue God?
Though why He'd want to go throwing tiles round I've no idea...

Shiesh
27-04-2005, 14:15
umm it is strange - 1 tile coming off a roof to me seems trivial...but if that tile has landed say on a car and damage paint and bodywork obviously there's is then another angle.....:confused:

Cyclone
27-04-2005, 14:31
if a tile came of and it's a flat then the building owner should replace it as necessary, doesn't have to involve anyones insurance except the company that owns the block. So i guess this isn't the case.

Berberis
27-04-2005, 15:55
Sorry people, I forgot to say it landed on my car and has left a nice square dent in the middle of the roof!

robbie
27-04-2005, 16:15
you can only claim off the building owner if you can prove that they had been negligent. You couldn't really claim regardless of how old the roof was unless negligence is proven or that they were aware it was in a bad state and did nothing.

Cyclone
27-04-2005, 17:50
Originally posted by robbie
you can only claim off the building owner if you can prove that they had been negligent. You couldn't really claim regardless of how old the roof was unless negligence is proven or that they were aware it was in a bad state and did nothing.

really. it's there property that damaged someone elses. Surely that's why they have insurance.

foo_fighter
27-04-2005, 18:07
Originally posted by Cyclone
...it's there property that damaged someone elses...
:o Cyclone, tut tut, I'm disappointed in you. :o

Shiesh
27-04-2005, 18:22
Ignore what they've told you - you WILL be covered under his property owners liability policy, he has to have a policy to legally have tenants in his building/property.

However, if the building was owner occupied ie., it was your own private dwelling house then you would find you cannot claim as it would come under 'Act of God' on your own buildings insurance and you would then need to turn to your motor insurers.


Hope this makes sense
:thumbsup:

cgksheff
27-04-2005, 19:19
Originally posted by foo_fighter
:o Cyclone, tut tut, I'm disappointed in you. :o

Looks like you missed this one, though:

Originally posted by Cyclone
speak to cib ....

That would be "Citizens Insurance Bureau". Would it?:D

foo_fighter
27-04-2005, 20:11
Originally posted by cgksheff
Looks like you missed this one, though:

That would be "Citizens Insurance Bureau". Would it?:D
:o Eek :o

You're right, I missed that, I assumed he meant Charlton Heston...

...it was him that played "El Cib" wasn't it?

:D :hihi: :D

Berberis
27-04-2005, 21:52
Originally posted by Shiesh
Ignore what they've told you - you WILL be covered under his property owners liability policy, he has to have a policy to legally have tenants in his building/property.

However, if the building was owner occupied ie., it was your own private dwelling house then you would find you cannot claim as it would come under 'Act of God' on your own buildings insurance and you would then need to turn to your motor insurers.

Well I rent one of the apartments in the block so its not my buildings insurance.

However, after speaking with MY insurance company (car insurance) they say its impossible to make a claim, simply saying there is no one to part blame on as its no ones fault!

Shiesh
27-04-2005, 22:07
if you are 'comp'insured you can claim damage BUT you shouldn't have to.............Property Owners Liability covers you 100% - PM me if you like & I will deal with it for you!!!!!!!!!!!! I am THAT sure!!!!!!!!!

noseyrosie
27-04-2005, 22:53
Originally posted by Cyclone
speak to cib or a solicitor. Send your insurance company a copy of the film "act of God" with Billy connely in it, very funny and covers precisely the point you are making.

forgot to ask, why do you care that a tile fell off? or did it hit your car?

The film's called 'The Man Who Sued God' and wasn't very good, I don't think, although it made a good point.

Better though, is the point made on this on Bill Bailey's 'Part Troll' DVD - when he talks about the theological implications of the 'Act of God' policy. "How much rain counts as the wrath of God? It's drizzling a bit now, does that count?"

Cyclone
28-04-2005, 07:28
was it pick on Cyclones spelling and grammar night or something. I don't normally correct anyone else because sometimes I slip up myself.

noseyrosie
28-04-2005, 13:35
Originally posted by Cyclone
was it pick on Cyclones spelling and grammar night or something. I don't normally correct anyone else because sometimes I slip up myself.

Sorry didn't mean to sound pedantic, that's just the name of the film :thumbsup:

robbie
28-04-2005, 21:28
I'm not an expert on public/employers liability but do know a lot about general insurance. As far as I'm aware you would still have to prove the owners negligence to claim of their PL/EL cover.

you could argue that as the roof is new and there were no gale force winds that there has to be a problem with the initial roofing. That would be a case of going after the company who put the tiles on.

I cannot see any negligence on the owners part unless they were aware 9and you can prove it) that there was a problem. Anyone elses car get hit by tiels before you do you know?

I still think you have very little chance.

Berberis
29-04-2005, 07:39
robbie & Shiesh,

You seem to have completely different opinions on this. Shiesh, how do you come to know so much about buildings insurance liability? robbie have you come across something like this before?

Yorky
29-04-2005, 17:13
Several years ago i was riding my motorbike from Oldham to Huddersfield along the main road over Saddleworth Moor. A flippin' great Ewe decided not to follow the Green Cross Code and charged across in front of me. I hit the great woolly thing broadside, cartwheeled down the road for an age with my bike scoring 10 / 10 for syncronised tumbling and was left lying in a peat bog with a compound fracture of the leg and ankle. 6 operations later i now succumbed to MRSA and had to have most of my flesh removed from my lower leg and further surgery to repair the hole. Compensation ? Ha - Ha that's a joke. Sorry Sir but the accident happened on common land so unfortunately you cannot claim for the damage to your Bike or for injuries and suffering. ( confirmed by 3 seperate solicitors.)Medical Negligence ? Ha - Ha another joke. Sorry Sir but we need you to cough up 3 grand before we can proceed. So, through no fault of my own i was off work for months, i'm now in permanent pain and had to fund the repairs out of my own pocket. Some Act of God !!!!

robbie
29-04-2005, 20:51
Originally posted by serapis
robbie & Shiesh,

You seem to have completely different opinions on this. Shiesh, how do you come to know so much about buildings insurance liability? robbie have you come across something like this before?

I've only dealt with general insurance but the whole insurance principle is that you ahve to PROVE negligence.

all claims against someones property would be kicked out unless they could prove that and people claiming for tile damage onto a car had no chance unless they could prove that the owner of the property KNWE that there was a problem.

robbie
29-04-2005, 20:54
Originally posted by Yorky
Several years ago i was riding my motorbike from Oldham to Huddersfield along the main road over Saddleworth Moor. A flippin' great Ewe decided not to follow the Green Cross Code and charged across in front of me. I hit the great woolly thing broadside, cartwheeled down the road for an age with my bike scoring 10 / 10 for syncronised tumbling and was left lying in a peat bog with a compound fracture of the leg and ankle. 6 operations later i now succumbed to MRSA and had to have most of my flesh removed from my lower leg and further surgery to repair the hole. Compensation ? Ha - Ha that's a joke. Sorry Sir but the accident happened on common land so unfortunately you cannot claim for the damage to your Bike or for injuries and suffering. ( confirmed by 3 seperate solicitors.)Medical Negligence ? Ha - Ha another joke. Sorry Sir but we need you to cough up 3 grand before we can proceed. So, through no fault of my own i was off work for months, i'm now in permanent pain and had to fund the repairs out of my own pocket. Some Act of God !!!!

yep, if it was on public land (ie a road) and an animal was not kept inside a boundary (ie hole in the fence) then you cannot claim.

iof the Ewe was not contained properly then you could claim IF YOU COULD PROVE THE FARMER KNEW ABOUT THE PROBLEM)

the law sucks