Most insurance policies clearly state that they do not protect against an ‘act of God’.
This is a catchall phrase that insurers use as a get out for paying claims for events they did not predict or include in their risk calculations.
Acts of God are often described as unpredictable or unpreventable natural disasters like hurricanes, floods and earthquakes.
Always check your policy small print for the ‘act of God’ clause so you can see exactly what’s in and what’s not.
Floods seem an unusual inclusion, as many insurance companies have settled large claims for flooding in the UK in recent years but also state they are an ‘act of God’.
If you have a property that may be in a flood danger area, it’s worth checking with the insurance company before you sign up just what cover to expect in the event of flooding.
Storm damage is also often covered by buildings insurance policies – and here’s a tip: if you make a claim for storm damage the insurance company will check the weather reports for the time and date you say the damage happened.
Don’t, however, spot some damage and leave the report until after a hefty storm like one homeowner did. The insurance company sent a loss adjuster round to inspect the damage and found plants growing out of the supposedly recently damaged roof.
As it now seems acceptable for insurance to cover some flood and storm damage, it’s worth checking the wording of your insurer’s ‘act of God’ clause if you have any doubts, as the meaning does seem to change with time.
This would suggest that just bad weather that causes damage is not an act of God, but the incident has to be of Biblical proportions to qualify.
The phrase 'act of God' is used in religious texts dating from the 13th century, and was mainly in reference to miracles rather than disasters.
The first legal or insurance use seems to be from July 1803, when The Times included the term in a ruling given in court by Lord Ellenborough.
“By Common Law, Carriers are insurers against every loss of property entrusted to their care, except losses arising from the Act of God, or treason," he said.
Some insurance documents use the French phrase ‘force majeure’, which literally means a ‘superior force’ and is often interchanged with ‘act of God’. Check to see which wording your insurance company uses so you are not caught out.
UK courts have held that if a driver with no prior history of ill health has a heart attack while driving and a resulting accident causes accident or damage, then the incident is tantamount to an ‘act of God’ and the driver is not to blame.
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