Legal Question not Computer Related

  J B 13:55 15 Oct 06
Locked

There was a fire at Party A's property which resulted in extensive damage to not only A's house but to B and C's homes. As a result of the fire, the domestic oil tank at party C's home melted and the contents of the oil tank went over all three properties gardens. In property C's policy booklet it states the following: General exceptions - Land being polluted or contaminated if the pollution or contamination:
1. happened before the start of Your period of insurance
2. was the result of a deliberate act; and
3. was expected.

My question is this; Is party A responsible for the remediation of the land involved thru his insurance or it it the responsibility of each home owners insurance to take care of the remediation of the land?

I will understand if this thread is removed due to the nature of the question,however I need to be put in the right direction, maybe some links or something like that would help.

Thanks for your time. J.B.

  Forum Editor 14:03 15 Oct 06

was the cause of the melting oil tank at party C's home - the oil tank melted as a consequence of the fire, and the subsequent pollution of the land belonging to all three parties was a consequence of the tank melting. What happened to parties B&C is termed consequential loss (or damage).

Therefore, parties B and C would look to party A for reimbursement for the cost of reinstating the land to its former state. A is insured, and it is to be hoped that his/her policy covers him/her against the claim that will inevitably come from parties B&C - or from their insurers.

  J B 14:31 15 Oct 06

Thank you for your quick reply. It is my understanding that two of the three parties, A and B are insured with the same company. The way that I read your reply is that it does not matter. Can I assume that this is correct as party B and C are victims in this event? J.B.

  Forum Editor 14:38 15 Oct 06

What has to be decided is whether the risk has been insured, and which company takes the liability on behalf of its insured customer. They may end up sharing the cost between them, but that's for them to decide. Everyone should report the facts to the relevant insurers.

  spuds 17:39 15 Oct 06

The point that is paramount, is what the FE mentions. Report the facts to the relevant insurers.Let the insurers sort it out.

I have just been involved with a local council concerning some work that they have done, on their own property which is next to some property that I own. The result of their work, as left my land and property flooded at times of rain spells. All sorts of issues have arisen, including contamination, environmental and building concerns. Things have got very complicated, that the proceedings are now going through legal channels. Going to be very expensive, by all accounts.

If its more than an insurance problem, then quite a number of solicitor's run a free first half hour or so, legal help advice service.

  J B 19:05 15 Oct 06

Thank you for all the information that you have given to me. At least I now have some information to go on. Maybe, this won't take long to sort out,although I won't hold my breath. Again, thank you all. J.B.

  Forum Editor 19:30 15 Oct 06

that if a claim is in excess of a certain amount the insurers will almost certainly appoint an impartial loss adjuster, whose job it is to check the validity of a claim, and to oversee payments. Under the terms of the policy each insured person is obliged to act to mitigate the insurers' loss. This means that you must take steps to ensure that, to the best of your ability in the circumstances, you prevent matters getting worse, and thus the size of the claim increasing.

If the insurers think you did nothing, and that as a result the damage got worse, they may refuse to settle the claim in full.

  Greengage 16:11 17 Oct 06

The aspect of house insurance companies deciding amongst themselves who is liable or to share the costs/claim brings home the similarity with motor insurance. Knock for knock, when it is obvious at times that only one driver is at fault = two drivers'/insureds' no claim bonus going up the spout.Good business for the insurers and NCB has been about now on house insurance for a few years.

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