Natural Peril Exclusions - Storm - Part III

In the case of S&M Hotels Limited v

In the case of S&M Hotels Limited v. Legal 6f General Assurance Society Limited [1972] 1 Lloyd's Rep 157, the assured had covered a hotel under a householder's comprehensive policy and covered perils including the destruction of or damage to the building directly caused by storm, tempest or flood. The policy also included a condition which required the insured to maintain the building in a proper state of repair.

The assured had employed builders to put a new floor between the existing second and third floors, and for this purpose the whole of the front of the building had been removed. On a particularly windy night the hotel collapsed. The assured sought a declaration that the damage had been caused by a storm. The insurers argued that the damage had been caused by inadequate support for the third and higher floors.

The court decided that, even if the wind had caused the collapse, which the court decided it had not, the word "storm" means something more prolonged and widespread than a gust of wind. A gust of wind does not in itself amount to a storm, although during a storm there will almost certainly be gusts of wind. The court found that in fact the damage was caused by the over-stressing of the supports, but it did make the point that if the damage had been caused by the storm, the insurers could not have relied upon a particular condition relating to repair, because it was ambiguous. Applying the contra proferentum rule against the insurer, the clause was inapplicable to a building that was being reconstructed.

Natural Peril Exclusions - Storm - Part III

By: Willis J. Watson

POST COMMENT

Natural Peril Exclusions - Storm - Part IV How To Break-up With Your Dog Estrés Y Ansiedad - Elimínelos Barney's Farm LSD Feminised Seeds Create Great Photo Albums With A Unique Photo Album Builder Marriage compatibility of Cancer and Sagittarius Ayurveda view of erectile dysfunction Levántate Y Déjate Ver Потолки "невадо" Лучше И Не Надо! Ovarian Cyst - Natural Remedy Evening gowns Making Evening More Meaningful Marriage compatibility of Cancer with Libra Профессиональная Монтажная Пена И Силиконовый Герметик