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Can I claim insurance for ivy-removal damage?

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  • 27-08-2010 2:13pm
    #1
    kaizer_soze
    Registered Users Posts: 87 ✭✭


    We had ivy growing up the side of our house and onto our flat roof.
    I've cut it back a number of times but it seems to have taken a growth spurt over the last two years. It was stuck fast to the flat bitumen roof of our extension. When I pulled the ivy off, it has actually pulled some of the bitumen off where the ivy was latched onto it. This has left small holes and the roof is now leaking. Does anyone in the insurance business know if I am able to claim my house insurance for this?

    Thanks K


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    #2
    oldyouth
    Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    Maintenance, I'm afraid. It wouldn't be covered under your policy


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    #3
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    oldyouth wrote: »
    Maintenance, I'm afraid. It wouldn't be covered under your policy

    You could always ask the insurer and see what they say.

    If you have accidental damage cover for the building they might interpret the damage as having being accidental. I argue this on the basis that you did the damage accidentally when you pulled the ivy as distinct from the ivy doing damage first. If the latter you could still argue that the damage by the ivy was accidental.

    If you do not have accidental damage cover on the building I think that you are probably not covered for this on the basis that the event is not an insured peril. An insured peril is that list of terrible things on your policy document that might happen to your house !

    It is worth asking.


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    #4
    oldyouth
    Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    NUTLEY BOY wrote: »
    You could always ask the insurer and see what they say.

    If you have accidental damage cover for the building they might interpret the damage as having being accidental. I argue this on the basis that you did the damage accidentally when you pulled the ivy as distinct from the ivy doing damage first. If the latter you could still argue that the damage by the ivy was accidental.

    If you do not have accidental damage cover on the building I think that you are probably not covered for this on the basis that the event is not an insured peril. An insured peril is that list of terrible things on your policy document that might happen to your house !

    It is worth asking.
    Everything is worth a shot


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    #5
    kaizer_soze
    Registered Users Posts: 87 ✭✭kaizer_soze


    Thanks. Yes the damage was accidental. The roof was fine till I started ripping off the ivy. I was probably a little rough with it and pulled a strip of tarmac right off with the ivy. It rained that night of course and water came running down the walls and ceiling!


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    #6
    oldyouth
    Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    kaizer_soze wrote: »
    Thanks. Yes the damage was accidental. The roof was fine till I started ripping off the ivy. I was probably a little rough with it and pulled a strip of tarmac right off with the ivy. It rained that night of course and water came running down the walls and ceiling!
    The damage caused by the water coming in would be covered, even if the repair to the roof itself may not be.


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    #7
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    oldyouth wrote: »
    The damage caused by the water coming in would be covered, even if the repair to the roof itself may not be.

    What about the doctrine of proximate cause ? i.e. the active efficient means that sets in motion a train of events that brings about a particular result


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    #8
    Profiler
    Registered Users Posts: 1,327 ✭✭✭Profiler


    NUTLEY BOY wrote: »
    What about the doctrine of proximate cause ? i.e. the active efficient means that sets in motion a train of events that brings about a particular result

    Yes I'd agree, the damage the water caused is probably not covered because your own actions caused the hole in the roof.

    Moreover I'd argue the damage to the roof wasn't accidental it was carelessness.

    If you wanted to remove ivy why did you rip it off? why not cut it back and wait a day or two before removing it?


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    #9
    oldyouth
    Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    NUTLEY BOY wrote: »
    What about the doctrine of proximate cause ? i.e. the active efficient means that sets in motion a train of events that brings about a particular result
    The proximate cause was accidental damage (carelessness or not, it doesn't matter) which is an insured peril. The damage was caused to a roof perforated by the roots from the ivy and therefore is in need of maintenance and of no financial value. However, damaged caused by the water ingress that followed, provided there was no undue delay between noticing the holes in the roof and the water damaging the internal structure, should be covered


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