Fire insurance in declared unoccuppied townhouse

[babyblackie]

Hi,
Got insurance. Fire only as unoccupied. Policy simply states insuranced against fire, usual limits - water off, visits every forthnight etc. All acttended too. As there is a dwelling underneath and another on one side but no common areas, again all stated, should the terrace next door or underneath go on fire do we claim off our own or from theirs. Came up in conversation and a friend said policy should state exclusions, but it doesn't, it says covered for fire. Makes no inference about where it began. We thought we could go to the neighbour in this event. Any ideas? More importantly if it starts external to us are we covered by our own. It just says covered for fire, oh and meteorites etc...

 

[Ravima]

is your policy covering a private dwelling house, an apartment or a commercial building? I'm trying to understand your posting, but am a bit confused thus far.

 

[peteb]

Hi,
Got insurance. Fire only as unoccupied. Policy simply states insuranced against fire, usual limits - water off, visits every forthnight etc. All acttended too. As there is a dwelling underneath and another on one side but no common areas, again all stated, should the terrace next door or underneath go on fire do we claim off our own or from theirs. Came up in conversation and a friend said policy should state exclusions, but it doesn't, it says covered for fire. Makes no inference about where it began. We thought we could go to the neighbour in this event. Any ideas? More importantly if it starts external to us are we covered by our own. It just says covered for fire, oh and meteorites etc...

Straight off, no you don't go to your neighbours. This isn't like a car insurance claim where you go other party. Regardless of where the fire starts, you claim off your own policy with no recourse to others. Courtesy of the Metropolitan Fire Act.

After that as Ravima points out, the situation looks a bit hairy. What exactly are you covering? Extremely unusual to have a property below not covered by the same policy.

 

[Leo]

Courtesy of the Metropolitan Fire Act.

Covered by Accidental Fires Act here. There is case history where the courts have found that the property owner where a fire starts can be held liable for damage to others where it's show the cause to be other than an accident.

 

[babyblackie]

is your policy covering a private dwelling house, an apartment or a commercial building? I'm trying to understand your posting, but am a bit confused thus far.

A maisonette type of dwelling with separate entrance and no common areas.

 

[peteb]

Is it a duplex? If you have one to the side, and one above it sounds like a small apartment block. No shared services? You're going to struggle to get anyone to give you cover.

 

[babyblackie]

Is it a duplex? If you have one to the side, and one above it sounds like a small apartment block. No shared services? You're going to struggle to get anyone to give you cover.

Hi peteb, yes, there are no shared services and no common areas. Cover is always available. We finally got a reply from the underwriters and yes, we are insured from a fire coming from outside of our dwelling. The insurance brokers broke data regulations speaking to a third party and passed on incorrect information, at that. Poor form if a brokerage does not understand their business.

 

[peteb]

Hi peteb, yes, there are no shared services and no common areas. Cover is always available. We finally got a reply from the underwriters and yes, we are insured from a fire coming from outside of our dwelling. The insurance brokers broke data regulations speaking to a third party and passed on incorrect information, at that. Poor form if a brokerage does not understand their business.

I'm sorry to say that your response seems as confusing as your original question.

 

[DirectDevil]

IMHO OP must claim under his own policy in the event of such a fire.
If the insured property is damaged by fire that is simply the insured property being damaged by an insured peril as set out in the contract.
The fact that the fire originated outside the insured premises does not matter.

If there is any possibility of culpability attaching to a neighbouring property the fire insurers can follow that up by exercising subrogation rights and paying for the legal costs of that exercise too !

Beware the Accidental Fires Act as it is a tricky little devil.