Perils Flashcards
1
Q
What are the two core requirements for the term ‘fire’ to apply? Case law
A
Austin v Drew - Great heat does not constitute a fire.
1. There must be actual ignition
2. There must be something on fire which that should not be on fire
2
Q
How does the Oxford English Dictionary define fire?
A
The occurrence of a natural electrical discharge of very short duration and high voltage between a cloud and the ground accompanied by a bright flash and typically also thunder
3
Q
Why might it be difficult to establish lighting strike as the cause of loss and how can you overcome this?
A
Damage is consistent with a power surge. Obtain a report from an electrical expert or forensic investigator. For farm animals a vet’s report.
