GardenBanter.co.uk - View Single Post

Janet · 13-07-2012, 12:42 AM posted to uk.rec.gardening

In article ,
lid says...

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.

You've gone off course. The "act of god get out" was proposed as an
excuse by the waterboard, should the flooded neighbourhood try to sue for
negligence.

Ask any insurer and they'll tell you it's
not worth bothering to refute a claim except in the most exceptional
circumstances.

??? Insurers often refuse claims by their clients . But the "act of
god" suggestion was not about insurance claims; it was a discussion of a
potential legal defence by the water authority .

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.

I think that assessment by you is an error which disregards Baz's most
basic problem; he said he has dyslexia; a learning disability which makes
it very difficult to organise and assimilate information. He has
repeatedly demonstrated that problem on group, so there is every reason to
suppose the same applies IRL. To his interpretation, of what insurers or
solicitors say.

When someone with dyslexia gets it wrong, patting him on the head and
telling him he knows best is absolutely no help to him.

Janet.