QUESTION...
A client had a hose clamp come off an air hose causing the trailer to lose air pressure and the brakes to jam on causing the tyres to lock up and creating flat spots - 12 tyres were damaged.
The relevant section of the policy wording re: Tyres reads, 'This policy does not insure damage to or destruction of tyres. However, this exclusion will not apply if the damage or destruction results from separate loss that is covered by this policy.'
The insurer has advised that as there 'has been no accident that has caused the clamp to come off and unfortunately in this instance the policy would not respond.'
While it appears straightforward, the interesting thought to me is that if this had occurred and the trailer had impacted with another object then there would be cover under the policy and in that situation the tyres would be covered - but because there was only the damage to the tyres they are not?
As well this event is not simply a matter of braking causing the damage to the tyres - there was a failure of a hose clamp that resulted in lose of air pressure causing the brakes to lock up.
I have still to go back to the client to clarify/explore if there was a potential external cause for the hose clamp to come off providing the accidental cause - at this stage we only know that the hose clamp came off.
Interested in your thoughts? Is there any potential to argue?
CROSSLEY GATES...
Hose clamps don't usually come off for no good reason. Something must have broken the clamp or an external force must have been exerted on it. This is a fortuity and I imagine the clamp was damaged.
If this damage is covered under the policy (wear and tear being an obvious reason why it is not) then the resultant damage to the tyres is covered.
The key is finding out what happened to the clamp and why.
