Serious Flooding on the River Shannon
Major Flooding in 2009 throughout Ireland resulted in large areas of the country being isolated for weeks. Access to property, damage to buildings and their contents, destruction of stock and loss of Business due to the flood resulted in many large contentious insurance claims.
Insurance companies argued that property adjacent to rivers were not insured for flood damage as the event was not “ fortuitous”, it was inevitable. Clearly these floods were exceptional so that argument did not hold water for long! Another argument for large areas such as car parks however carried much more weight in that the policy will not pay for damage to “land” or “ground” under the finished car park surfaces.
Rising and falling water table which affect properties adjacent to rivers could give rise to difficulty in dealing with claims for damage to car park surfaces, paving and kerbing, damage to drains and underground services particularly where the issue of Proof of Cause of Damage is a problem. Policies may exclude damage due to changes in water table levels.
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