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Question Title: Accidental Damage
| Question: 287 |
| A fire caused by an unattended chip pan has resulted in £600 worth of damage to my landlord's property - the landlord's insurers are refusing to pay because they say that the fire was due to the tenant's negligence, even though his insurance includes accidental damage. The tenants are refusing to pay as the tenancy agreement has a clause that excepts accidental damage by fire and makes resultant damage the responsibility of the landlord. Who should pay ?
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| Answer: |
| It is exactly situations like this that landlords insure against and, if accidental damage is included in the policy, it is hard to see why this situation would not be covered. We know that insurers often like to rely on the fine print and there have been several cases in recent years of insurers taking a very strict view on the definition of 'accidental damage'. In law, an accident means a mishap or untoward event and is defined as "even without apparent cause, an unexpected or unforeseen course of events". From this view, a fire resulting from a chip pan left unattended on a hot stove is a foreseeable outcome and the insurer will often argue that the fire has been caused through negligence rather than an accident. However, there is some doubt whether this argument would survive scrutiny by the courts, especially under modern consumer protection legislation which requires such standard terms to be written in plain English rather than relying on hair-splitting legal definitions which the man in the street is unlikely to be aware of. On this basis, you should examine your insurance policy to check whether this point is entirely clear. Fortunately, most commonly available landlords' insurance policies do provide cover for this type of accident but it is always worth checking the policy carefully. If the wording on your policy is not clear, then it might be worth pursuing a claim against the insurer. In the first instance, contact the Insurance Division of the Financial Ombudsman Service. It provides an independent and impartial method of resolving disputes between an insurance company and an individual at no cost Further information regarding their services can be obtained by telephoning 0845 600 6666 or writing to them at South Quay Plaza, 183 Marsh Wall, London E14 9SR. You do not say whether or not the policy is one that is specifically for let property. If it is not a change of policy may be called for.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Apr 2001 page 30 |
letting-update-journal.html
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Letting Handbook |
Chapter 11 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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