Whale got it (in)exactly right when he said “it depends”.
Anyone who has been reading this website and/or dealing with these issues for a while will know that the theory of who is responsible for what means very little when it bumps up against the commercial reality of “how much will it cost if I try to wriggle out of paying for this?”
Insurance companies will pay for stuff they really shouldn’t to avoid the endless hassle of dealing with people who have a half-right case and a pathological obsession with proving it. And sometimes they will not pay for damage when the plaintiff has a rock-solid moral right but no legal basis supporting it.
It depends …