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|
| Q
: |
In
case if the Air-conditioner of the insured fell onto the ground because
of the lack of maintenance of the supporting frame, then
| 1. |
Is
the policy cover the third party damages caused? |
| 2. |
Which
kind of insurance policy should be arranged to cover the damage
to the air-conditioner before it fell to the ground? |
|
| A
: |
| 1. |
Once
it is proved that the accident was caused by the insured, public
liability policy would cover the liability of the insured. |
| 2. |
He/She
should arrange a Home-package policy with comprehensive covers. |
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|
| Q : |
In a storm,
the signboard of a shop was blown to fall down and injured a passer-by.
Would the Public Liability policy of the shop cover this case? |
| A
: |
Public
liability policy covers third party damages caused by the negligence
of the insured. To establish "Negligence" of the insured,
two conditions should be fulfilled :
| 1. |
The insured
own a duty of care to the third party |
| 2. |
The
insured had failed to take reasonable precaution(s) to avoid
damages to third party. |
In the above situation, the insured has the duty to avoid the falling
down of the signboard. If the shop just let the signboard to be hung
in an unsafe position, it is negligence. However, if it had undertook
reasonable measures to make sure the signboard fixed in place, than
there is no negligence on the part of the insured. If the signboard
was blown to fall under strong wind, there should be an "accident"
element that reduced the level of negligence of the insured.
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