On Jul 12, 9:33*pm, Jake wrote:
On Thu, 12 Jul 2012 09:32:00 -0700 (PDT), harry
wrote:

They have this getout clause called "Actof God".

The concept of "Act of God" is qualified, generally as "an
overwhelming event caused exclusively by forces of nature, without the
possibility of prevention and without intervention by any human
agency."

To establish an "Act of God" it must be conclusively proven that there
is absolutely no human contribution.

For example, allowing houses to be built to such an extent as to
overwhelm existing drainage facilities is a human contribution
(whether or not the person or persons allowing this were aware of the
potential problem). Ditto, defining a flood risk but not doing
anything about it is a human contribution.

It is for the insurer to prove "Act of God" rather than for the
insured to prove otherwise. Ask any insurer and they'll tell you it's
not worth bothering to refute a claim except in the most exceptional
circumstances.

Granted that having paid out on a claim the insurer may then refuse to
accept further risk or load premiums accordingly; this is a different
matter entirely.

I have concerns that, in time, Baz may encounter problems obtaining or
financing insurance cover (and he's thinking of selling and moving, to
get a bigger garden, *which will mean other obstacles to be overcome).
However he is "on the ground where he is". He has first hand knowledge
of what people are saying to him and he is thus better placed to judge
the honesty, or otherwise, of what he is being told. It is not for us
to rubbish what he is saying, though we may counsel caution on his
part. The risk is entirely his and he knows and accepts that.

So rather than pontificating let's just offer tea (not, as the wires
won't take it, sorry) and sympathy and let him get on with doing what
he has to do.

Cheers, Jake
=======================================
Urgling from the East End of Swansea Bay where sometimes
it's raining and sometimes it's not.

Baz clearly doesnt have much idea, and bearing in mind whats at stake
here, it might be a very good idea to find someone who can give him
some help.