|
I still can't see the insurers moving on this. The deck wasn't up to code so it's not covered, whether you knew it was or not is irrelevant, but it's still down to you to let them know what they're insuring - or they wont cover it. I'm guessing they covered you for 'standard construction', if your deck was of standard construction then they would have paid up and taken the hit.
I'm in the UK so things are probably different over here but, insurers don't normally inspect buildings/cars/cats/dogs/bicycles/people etc before issuing cover but rely on information given to them by the proposer, if that suggests anything unusual about the risk then special terms or restrictions may be included in the contract accordingly.
Premiums would be even higher than they are now if insurance inspectors examined every single risk before covering it. I don't expect them to give my rabbit a medical examination, they just ask - how old is it? what breed?, has it had it's check ups?, will it in the future? any claims in the past 5 years? Its down to me to include any 'material facts' that may influence their decision, if I'm unsure I should tell them anyway.
From what I know most external timber structures over 20 years old will not be in the best of condition and will need inspecting, you don't need to be an expert to spot rotting timber, similarly you don't need to be a mechanic to spot a wheel falling off or a missing hood. There is a legal expression over here 'the man on the Clapham omnibus', ie a normal non expert layman, who can be responsible for a reasonable standard of care.
The trick with insurance is to get it right at the start, you may have to spend some time doing it (or get a good broker to earn his commission), but it's better than trying to sort it out after an accident, which must add to the pain.
|