A CONCERNED councillor is calling for every tree in Warrington which poses a threat to property to be given the chop – after the council’s insurers refused to accept liability on a recent claim.
Cllr Kevin Bennett (pictured right) says the decision could have serious implications in the future.
He said a tree that was the responsibility of the council was blown down in high winds, damaging the property of Mrs. Helena Gater in Helsby Street last March.
The tree damaged the roof, guttering, fence and gate. Mrs. Gater reported it to the council and someone visited to help her fill in a claim form.
However she later received a letter from the councils insurers, Zurich, who refused to accept any liability for the damage.
Cllr Bennett said he took up the issue with the council’s Chief Executive Steven Broomhead, who instructed the council’s legal department to deal with the matter “in Mrs. Gaters favour”.
Unfortunately Mrs. Gater later received a letter from the council’s legal department saying they were not liable.
As Mrs. Gater could not afford the repairs herself and her own insurers would not cover the cost of her repairs, she has since borrowed money off her father to repair her roof.
Cllr Bennett said: “I am disgusted that this poor woman has been left in this situation and I cannot believe that a tree belonging to WBC can damage a property and nobody will admit liability.
“I’m afraid that this brings into question every tree that WBC is responsible for, that has the potential to damage a property.
Therefore I am asking that every resident in Warrington must be informed that if it happened to them WBC won’t pay for damages to their property.
“If nobody is going to accept liability for such damages then the only other option is to remove every tree that could be blown down on to any property.
“We can be thankful that this or any other tree didn’t injure or even kill somebody!”
Call to give dangerous trees the chop
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Gary Skentelbery
Experienced journalist for more than 40 years. Managing Director of magazine publishing group with three in-house titles and on-line daily newspaper for Warrington. Experienced writer, photographer, PR consultant and media expert having written for local, regional and national newspapers. Specialties: PR, media, social networking, photographer, networking, advertising, sales, media crisis management. Chair of Warrington Healthwatch Director Warrington Chamber of Commerce Patron Tim Parry Johnathan Ball Foundation for Peace. Trustee Warrington Disability Partnership. Former Chairman of Warrington Town FC.
7 Comments
My insurance policy covers me for storm damage (e.g. from a tree falling onto my property from someone else’s land). Perhaps Cllr Bennett should be having a go at Mrs Gater’s insurers.
I wonder if Mrs Gater is happy that her story is now public knowlege? Nice work by the councillor perhaps its him that should be given the chop
I live in Connaught av and contacted this guy last year about trees and the damage that was being done but no reply !! No phone call No email .
No show No vote for me ,he’s a waste of time .
I have just checked my policy and am covered in the event of a tree damaging my house, so the problem is, as mentioned above, with this woman’s policy.
I tend to agree and having checked my policy it also covers storm damage such as other peoples trees damaging our house etc etc. It’s not an extra we have paid for it’s standard. My car insurance also covers it (comprehensive cover). Surely the council can’t be expected to be held responsible for unexpected storms and very high winds which may bring tress down (providing of course the tree was in good condition, safe and not unstable before it fell down). . A lot of councils have tree databases where all their trees are inspected and recorded with any appropriate work identified. Maybe WBC has one too and that’s why their insurers wouldn’t pay up… and/or maybe the lady didn’t have sufficient insurance which is why hers wouldn’t pay up. Probably a lot more to this story than meets the eye and perhaps Mr Broomhead should not have got involved and said what he said to Mr Bennett as it’s unusual for two insurers to refuse to pay especially when there’s a solicitor involved who has been told to admit liability;) PS ANGRY RESIDENT.. try going direct to the council about tree problems or anything else via their online service as you get an emailed confirmation and reference number as proof of submission and follow up emails etc and makes it much easier if you ever have to chase it up as they have a record 😉
It also depends on the proximity of the tree to the property. Some insurance companies ask policy holders to confirm there are no trees within a specified distance from their property. The normal rule is that the property takes precedence over the tree. So no matter how old the tree, if it poses any risk to the property – including that of damage during a storm – the tree must be removed. Failure to inform the insurance company of close proximity trees could result in a claim being disallowed.
Another FAIL for Clr Bennett – time to go, son!