› Flat Chat Strata Forum › Living in strata › Who’s responsible for guttering that damages a car? › Current Page
When I look at my insurance policies and the polices that my OC has, when it comes to Liability to Others (meaning not the property of the OC) – they typically state something similar to this (this quote is from CHU):
Liability to others
We insure You up to the Limit of Liability shown on the Schedule if
You become legally responsible to pay compensation for:
Personal Injury; or
Property Damage;
So the OC needs to be legally responsible. That’s where the law comes into it. In this situation (liability to others), insurance will cover the OC if by law they are responsible.
It would seem that in the guttering example, 2 insurers came to same conclusion: that the OC would not be legally responsible. The OC’s insurer asked for proof of negligence (which is usually needed to establish liability) and the damaged car owner’s insurer didn’t think they had a case or they would have most probably claimed against the OC. They might both be wrong but in my experience they tend to get these matters right.
But if the matter went to a tribunal/court where it was ruled that the OC was in fact legally liable, the OC’s insurer would have to cover them.