Fire in a Motor Garage – Insurance Claim

How a Claim for a Fire in a Motor Garage was handled

This was a major loss as a result of a fire. There was a total loss of the building and significant damage to stock, fixtures, fittings and vehicles. The fire was caused by an electrical fault whilst one of the vehicle batteries was being charged.

As a result there were issues over proof of ownership and insurable interest. The insured was a private person (& sole trader) whose company (recently dissolved) was not mentioned in the cover. Some items of stock, fixtures and fittings had been purchased through the limited company. Insureres argued that these items were not insured by the policy as they were purchased through the limited company and not subsequently transferred to the ownership of the insured.

Clearys Loss Assessors, with offices throughout Ireland, argued that, as the Limited Company was dissolved, the assets were transferable to the Insured’s name. This was proven by way of various items of documentation and ultimately ownership was agreed upon and this claim was settled. This claim proved difficult and negotiations were protracted due to the issue of insurable interest and insurer’s desire and effort to avoid liability despite the fact that all this property  and the company itself were owned by the insured and clearly in his total control and possession as reflected in his financial accounts.