UKTC Archive

RE: Time to think - INSURANCE...Christmas project

Subject: RE: Time to think - INSURANCE...Christmas project
From: Ian . Brewster
Date: Dec 24 2003 11:44:23

Does that mean that Santa wont be able to delivery as many presents this
year due to AXA refusing to insure the activity of chimney climbing as bad
practice?

Ian



                                                                              
                                             
                    Ian MAY                                                   
                                             
                    <imay@xxxxxxxxx.gov.uk>       To:     UK Tree Care 
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                    uktc-bounce@xxxxxx.tree       Subject:     RE: Time to 
think - INSURANCE...Christmas project            
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                    24/12/2003 11:11                                          
                                             
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"jbirtles@xxxxxxxxxxx.gov.uk" 12/24/03 09:20am >>>wrote;
Sorry to spoil the speculation, but this one is dead easy to solve. S would
have to bear the whole cost. The resident of the haunted castle would claim
crown imunity and, despite common knowledge to the contrary, AXA would
claim
that S is a fictional character.

Jerry B>>>

I can see where you're coming from Jerry but this case is not so clear-cut.

Of course AXA would claim that S is a fictional character because they've
never received any premiums from him but then S doesn't require insurance
anyway. This is because we all accepted by proxy the terms and conditions
of
The Santa Clause from birth unless we have specifically asserted the
opt-out
clause since, in which case we wont get a visit anyway. Essentially, the
Santa
Clause is a liability waiver supported by the reasonable assumption that S
has
shed loads to do, requires access all areas and does not discriminate
against
Insurers, Lawyers and Estate Agents etc. S has no case to answer because
clearly the occupier of the castle as an iconic role-model with a
reputation
to maintain could make no such assertion and so accepts the terms and
conditions by default.
Therefore, the damaged chimney whilst regrettable should be considered
misadventure and recoverable from the Buildings insurance. Although the
excess
might be a tad high following that BBQ misadventure some years back.
Regards Ian..................



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