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Tractor Talk Discussion Board

Re: Flooding and Insurance.....


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Posted by Goose on June 30, 2011 at 06:17:13 from (173.190.237.126):

In Reply to: Re: Flooding and Insurance..... posted by John T on June 30, 2011 at 05:27:28:

Depends on if the contract is "Inclusionary" or "Exclusionary".

On an inclusionary contract, something has to be specifically listed to be covered. An exclusionary is the opposite. If something isn't specifically listed as excluded from coverage, it's considered to be covered.

It all gets down to the fine print.

Say a tree falls over and lands on a car. If a storm blows it over, it's an act of God. If you sawed it down and it fell in the wrong direction, it's man made. It then gets down to the wording of the contract as to acts of God versus man made. I've even seen contracts that exclude acts of God and simply insure against man made screwups.

It can open a real can of worms, and sometimes come down to the insurance company's own interpretation of the contract. They'll even weigh the cost of the loss against the chances of the insured bearing the cost of a lawsuit against bearing the loss.

I was once in a parking lot fender bender. I had witnesses willing to state the other party was dialing a cell phone and drove into me. The other party had good old State Farm insurance. The State Farm adjuster told me with a straight face that since we couldn't prove who was actually at fault we'd each have to bear our own repairs. She knew darned well that I'd pay my $100 deductible and let my insurance company pay for the damage to my car instead of taking State Farm to court for $700.

As has been said, it all gets down to the wording of the contract.
There's no "one size fits all".


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