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Glad to see you're safe - they just said Rio on the news ...
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Hello there Mark,
How was your Christmas?
Had a legal question for you and last two posts reminded me of it - There were gale force winds in some areas of the UK today and I saw one overturned Land Rover Disco and trailer. Now, in my insurance details, it clearly states that you are not insured for an "Act of God". Exactly how do insurers define Act of God and are you still covered from something such as being blown over [in say a van or similar to above example]? Surely that could be passed off as an act of God?
Was just intrigued!
Dan
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Tough one........
Nugent v Smith (1876) "Natural causes directly and exclusively without human intervention and that could not have been prevented by any amount of foresight and pains and care reasonably to have been expected".
Not strictly applicable, but there you go, best I could remember/find at short notice.
An act of god is normally relevant where the question of liability arises - i.e. no person can be liable for the act, or results of an act, of god. However, comprehensive cover (Accidental Damage) is not typically a question of liability, it is normally a question of whether or not he vehicle was damaged.
Whilst this may represent a contractual liability for the insurer, it does not normally represent a liability beyond any contractual arrangement - i.e. it can be avoided.
Were it a hurricane for example, they could well avoid the claim, if acts of god were excluded from the policy. However, acts of god are frequently not excluded from the policy, but are used as more of a limitation.
Equally, given the fact that an act of god cannot be anticipated or avoided, the policyholder could still argue that they had taken due care.
Nonetheless, with standard motor insurance and a van blown on its side from a sudden and unexpected storm, I wouldn't fancy your chances.
Which leaves us at either you typing in the exclusion, including definition, in full, or that Ugly Chappie turning up with an alternative, and perhaps fuller, opinion.
M.
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