Trevor,
The exact same thing happened to me around 7 years ago and the District
Council were found liable. The result was that the District Council
underwrote itself and paid £90,000 to the insurers for the rebuilding of a
bungalow. The building had suffered immense damage from a large Weeping
Willow, actually owned by the County Council, that we had pruned over a path
leading to a local park. The works had been done by my predecessor over a
number of years, including the removal of deadwood and pruning back in
response to cracking of the building. The previous TO just assumed it was the
District Council's tree.
Ron Howe
Planning Tree Officer
Mole Valley District Council
Pippbrook
Dorking
RH4 1SJ
Direct Tel. 01306 XXX XXX
-----Original Message-----
From: Trevor Heaps [mailto:theapsy@xxxxxx.com]
Sent: Fri, 12 December 2008 09:24
To: UK Tree Care
Subject: Anyone know of an insurance precedent!?...
Hi,
I'm currently trying to fight an insurance claim:
I work for a local authority and we recently pruned some trees that had been
cited in an insurance claim. We have since found out that the trees were on
private land and we are trying to avoid being involved. The insurance company
is saying that, I quote:
"Given that the Council's contractors did undertake work to the trees, this
would show that the Council exercised ownership and/or control. Accordingly,
we consider that the Council are the appropraie defendents in this matter."
Can anyone help me out with this one?
Thanks...
Trevor
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