A tree fell on my D1 in a Defence carpark about 12 years ago - the insurance company had no issues paying even though it was an 'act of god'.
Defence had stopped trimming the tree and removing dangerous limbs because the Greenies lobbied Defence about destroying parrot habitat. I submitted a claim to Defence to recoup my out of pocket expenses such as the insurance excess but ultimately my legal advice was that it was "an act of god" therefore negligence cannot be shown.
Interestingly trimming of the trees restarted the day after I lodged my claim.
So insurance companies cannot dodge 'an act of god' claim but if you sue for negligence and it is deemed an 'act of god' you get no where.
Garry
REMLR 243
2007 Range Rover Sport TDV6
1977 FC 101
1976 Jaguar XJ12C
1973 Haflinger AP700
1971 Jaguar V12 E-Type Series 3 Roadster
1957 Series 1 88"
1957 Series 1 88" Station Wagon
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