UKTC Archive

RE: Who is responsible?

Subject: RE: Who is responsible?
From: Alastair Durkin
Date: Jan 28 2014 16:30:06
They are definitely responsible Ron, but getting them to pay up would be one 
for the courts if they refuse or claim to have no money (they might not have 
of course). Or as others have said, let the insurers sort it out.

Alastair

Tel: 01883 XXXXXX
Fax: 01883 XXXXXX

adurkin@xxxxxxxxxx.gov.uk
www.tandridge.gov.uk

-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 28 January 2014 16:14
To: UK Tree Care
Subject: RE: Who is responsible?

What a mess this whole situation is!? However, we have 'some' answers and it 
boils down to, "sorry mate but you're on your own I'm afraid." I am still 
adamant however, that the tree owner is responsible as they have allowed 
something to escape and cause damage ... unless somebody can show me evidence 
to the contrary regardless of foreseeability and all that. At least it gives 
people hope to hear the Council say something positive.

Ron Howe
Principal Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX
Website -www.molevalley.gov.uk

Please take a look at the new 2012 Tree Protection Regulations and guidance 
http://www.communities.gov.uk/documents/planningandbuilding/pdf/2127685.pdf 
at: http://www.legislation.gov.uk/uksi/2012/605/contents/made


-----Original Message-----
From: Moray Simpson [mailto:moray.arb@xxxxxxxxxxx.com]
Sent: 28 January 2014 16:06
To: UK Tree Care
Subject: RE: Who is responsible?

Just been out to look a stonkingly huge black pine that is leaning towards 
some dwellings. I was told the underwriters want the tree felled and will be 
covering the costs.

This was a commercial business, but it seems their covered. Just as well as 
the root plate has partially failed and a mewp will be required. Don't think 
they will get any change from £1,500.

Cheers

Moray
On 28 Jan 2014 15:28, "JH" <j.heuch@xxxxxxxxxxx.com> wrote:

"Buildings insurance generally has a significant element of public
liability


cover, which should protect a householder if their tree causes damage
to a

third party."



Not so.



A houseowner may (and only may) have one or both of two types of
insurance; some houseowners may buy one policy that covers both.



i)     Buildings insurance covers the building - the house - and may or may
not (depending on what has happened) also cover sheds, garages,
patios, walls.  It probably won't cover any aspect of third party
liability i.e. if a wall falls down on a passer by or the postman. The
insurance will cover the cost of rebuilding the wall (perhaps) but not
any liability for the damage (depending on policy wording, of course).
The mortgage company will probably insist on this policy being in
force for the duration of the mortgage.

ii)    Contents insurance for burglary, fire, floods etc for the non
fixtures and fittings. This is of course optional. A liability clause
may be included  which may cover aspects of trees falling over, tree
roots causing damage to neighbours etc. My contents insurance is with
a different provider than my buildings insurance. If a house owner
(and this includes if the house is rented out) doesn't have contents
insurance they may have no liability cover for third party issues
including trees.



Nowadays "legal cover" is an option but that just covers the legal
costs and not any works.



Even if a tree owner does have contents (and thus liability) insurance
what will get claimed will depend on circumstances and the insurance
policy wording. The best thing to do is write to the tree owner
stating the nature of what you want to happen and asking for details
of their insurance policy.
If the insurance company gets wind of a (potential) liability that
they have not been informed about they may walk away from the policy
(or deny cover/the claim). Once in touch with the insurance company
directly (or their agents) you should be in a better position to
understand what will be covered.





Jon Heuch

Tel 01233 XXX XXX

Mob 07810 XXX XXX






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