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"THE
INSURANCE CLAIM"
Following the very popular discussion at the
members day at Dalhousie last February.
The S.C.A. Council approached one of our corporate members and
asked-
"What
are the Pitfalls and Remedies to ensure a proper
settlement" ?
As your building
often represents your biggest investment it normally forms the
biggest section of your insurance policy. Consequently,
in the event of a claim, the repair and reinstatement usually
presents the main problems for your policy to resolve. This is
applicable to castles and crofts alike.
There are however, a number of reasons why claims for castles
differ from claims for other types of property.
When a claim occurs your Insurers will, in most circumstances,
appoint a Loss Adjuster to ensure that the claim is settled in
accordance with the policy conditions. One of the first
tasks the Loss Adjuster will be required to perform is to
establish the adequacy of the sum insured. Normally this
involves the Adjuster measuring the property defined in the
policy as Buildings and ensuring that the sum insured is
sufficient to completely reinstate the property to the
specification that existed prior to the loss occurring.
As castles are particularly complex buildings by today's
construction standards it is often difficult to set an
accurate sum insured. There are a great deal of unknowns
when valuing a castle for insurance purposes. Therefore
it is not uncommon to discover that underinsurance is present
in insurance policies for castles. In some cases the sum
insured will be sufficient for the castle alone.
However, if the definition of the buildings within the policy
includes for gates, boundary walls and fences, and this is
usually the case, the reinstatement cost of the boundary
walls, which are likely to be considerable on an estate, might
not have been included.
In these circumstances underinsurance would be present.
It is important therefore when setting the sums to be insured
that the definition of the buildings is closely examined and
that the sum insured truly reflects what is covered.
Furthermore, it is important to realise that no matter how
impregnable you feel that your castle is, it is essential that
the sum insured represents the complete reinstatement of the
building.
Even although it is unlikely that a castle will be completely
destroyed by a fire, for example, owing to its formidable
construction the obvious temptation to only insure 80% of the
total reinstatement must be resisted. It should also be
remembered that castles are not usually conveniently situated
next door to Fire Stations and as a consequence small fires
easily extinguishable in normal circumstances could spread
causing extensive damage whilst waiting for the Fire Brigade
to arrive.
Probably before the sum insured minefield has been crossed the
first problem in dealing with a substantial claim involving a
castle appears as the demolition contractor, usually
instructed by the local Building Control Officer, arrives to
make safe the remains of the building. As the building
is usually Listed the local planning department and Historic
Scotland should approve any demolition. The Loss
Adjuster should also be satisfied that the extent of the
demolition goes no further than the damaged areas. In
some cases there can be a wide range of opinion on the extent
of the demolition between the various agencies involved.
By way of compromise disputed areas are given temporary
support to allow close examination by both Building Control
and Planning Officials. The cost of this shoring can be
expensive and the Planners very rarely accept any economic
argument to allow demolition. Indeed, shoring and
temporary protection of wallheads etc., is usually required
from the period after the building is stablised until
reinstatement works commence.
The cost can prove to be extremely expensive.
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