At the end of a public road there is a tar-sealed road that winds up a hill and allows access to half a dozen homes. This road is named and appears on Google Maps. The six properties each have their own private sealed driveways that lead off this road.
The homeowners have asked as to what insurance (if any) would there be on the road which connects to their driveways. Specifically, they have asked whether their respective private insurers and/or EQCover would cover damage to this road or the land under the road or whether cover under their private insurance policies and EQCover would stop at the end of their own private driveways.
Presumably the ownership of the road is relevant and also what is shown on their respective certificate of titles. Any advice to determine the insurability of this road would be welcomed.
LUKE BARDSLEY REPLIES...
This is a classic and one of the most challenging domestic claim scenarios.
Here is an attempted answer from an NZ perspective: The Title Deed is the starting point for approaching an answer to this question. If the Deed shows no legal ownership/right of way to the road, then insurers won't provide cover. The 'insured property' definition in the wording is usually: 'the address shown in the policy schedule' and the address noted in the schedule is defined in law by its 'Lot number' which is shown on the Title. Insurers wouldn't have any any obligation to provide indemnity for property outside of the legal 'Lot', or where there is no 'right of way' referenced in the Title.