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Joined: May 2011
Posts: 1,131
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Look at many photos on Wirral Globe website. Think it worst damage and disruption in years. My fence panels are down but it could have been worse.
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Joined: Jun 2011
Posts: 17,792 Likes: 3
Wiki Master
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Joined: Jun 2011
Posts: 17,792 Likes: 3 |
Humankind has not woven the web of life. We are but one thread within it. Whatever we do to the web, we do to ourselves. All things are bound together. All things connect. ~Chief Seattle
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Joined: Dec 2013
Posts: 236 Likes: 2
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Posts: 236 Likes: 2 |
Well had a phone call from my boss, saying don't go in to work this afternoon as the place is closed due to the roof being blown off, i hope i still get paid though!
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Joined: Jul 2008
Posts: 14,356 Likes: 20
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The Cleveland Street one looks bad, poor construction lacking adequate wall ties on a large wall. Its the pay and display car park outside Collins Steel by the Treasury Building.
We don't do charity in Germany, we pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn https://ddue.uk
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Joined: Oct 2009
Posts: 2,389
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Posts: 2,389 |
I've been out in it today in the car,only up to my sisters to feed her cat & let him out.hope her & the family will be ok,they're travelling back from Harrogate,my nephew had his passing out parade this morning.I'ts been so bad I havn't took the dog out yet but it's looking a bit brighter now & the wind seems to have calmed down a bit
no1s gonna keep me from u
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Joined: Mar 2010
Posts: 4,044
Forum Guardian
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Most debris ive seen from storm. Lucky that wall didn't kill someone. Plenty of firewood 2 full Trees on verge down by Asda Woodchurch , Tree down blocking whalley lane has been cleared, lots of large branches everywhere ..lets hope no one seriously hurt Glad you got back Kitty Kat. Already had one customer phone up to come and put back his fence panels. Thank you Doris and goodbye.
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Joined: Dec 2013
Posts: 417
Smartchild
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Smartchild
Joined: Dec 2013
Posts: 417 |
Parked outside a shop today, tile came off roof and smashed my panoramic sunroof, then you find out it's classified as "Act of God", claim on your car insurance pay your excess and a higher premium next year, lovely. Seeing those cars in Cleveland Street, how will they get on?
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Posts: 17,792 Likes: 3
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I'd dispute that Loco. It's a bit outdated now, considering this country is supposed to be secular.
Must come under the 'miss-representation' laws.
Humankind has not woven the web of life. We are but one thread within it. Whatever we do to the web, we do to ourselves. All things are bound together. All things connect. ~Chief Seattle
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Joined: Jul 2011
Posts: 3,621
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Loco - does the rest of the roof look in good nick? If its not in good condition then it could be negligence on the shops part maybe - and in any case they should have third party .
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Joined: Jul 2008
Posts: 14,356 Likes: 20
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I'd also dispute it loco, tiles falling off the roof are generally the liability of the owner, act of god may only apply if the wind was exceptionally high, the wind we had today would normally be expected to happen a number of times in a ten year period and so are not exceptional when compared to the lifetime of a roof. If you claim on your own vehicle insurance (which is the normal procedure) then they in turn should claim from the shop and you should not be penalised. It is not uncommon for slates to tear off buildings in high winds and damage other properties or vehicles. In the latter case, the car owner’s insurer is likely to pay initially, and then pursue the insurer of the person who owned the roof from which the tiles came. Here, the roof owner’s insurer should pay out without quibble under the third-party liability element of the buildings cover. If your vehicle insurers choose not pursue the claim then complain through the insurance ombudsman (Finance Ombudsman) procedure. SOURCE
We don't do charity in Germany, we pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn https://ddue.uk
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Joined: Mar 2010
Posts: 4,044
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Storm Damage is not an "act of God" ?
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Joined: Jul 2008
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Storm Damage is not an "act of God" ? Some solicitors say it is and some say its not, and that is how solicitors get rich. The England/Wales legal Tort (ie non-contractual) definition makes it just about impossible for anything to be an act of God by the line "which could not have been prevented by any amount of foresight, plans, and care." Using "any amount" instead of the usual "reasonable" in the definition makes it pretty absolute that nothing can be an act of God. An act of God is an unforeseeable natural phenomenon. Explained by Lord Hobhouse in Transco plc v Stockport Metropolitan Borough Council as describing an event;
(i) which involve no human agency (ii) which is not realistically possible to guard against (iii) which is due directly and exclusively to natural causes and (iv) which could not have been prevented by any amount of foresight, plans, and care.
We don't do charity in Germany, we pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn https://ddue.uk
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Joined: Jul 2011
Posts: 3,621
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So that means if fish claimed on his OWN insurance - its refused as an act of God on the grounds that it complies as far as fish is concerned , with all rules (i)-(iv) ? (ie the roof wasnt his to be able to do anything about.)
but NOT an act of God if the shopkeeper calls on his own insurance because HE, COULD realistically have guarded against it (ii)--by a large amount of forsight planning and care (iv) ? Does that mean the only course for fish is to sue the shopkeeper?
That means the insurers cant lose !!! Oh yeah, I forgot, they rarely do!
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Joined: Jul 2008
Posts: 14,356 Likes: 20
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Insurance is a contract and so is not governed by TORT, insurance companies can make up their own rules by writing them into the contract/policy, their definition of "act of God" does not have to be the same as the TORT one.
Third party liability on insurance is usually less strict than a self-claim but its still whatever is in the insurance rules.
We don't do charity in Germany, we pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn https://ddue.uk
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