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VIC Comminsure Cut Tree Without Consent - Claim Compensation?

Discussion in 'Insurance Law Forum' started by Hieu Tang, 7 March 2017.

  1. Hieu Tang

    Hieu Tang Member

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    Hi

    There is a gum tree with three branches in my rear garden. After a strong storm, one branch fell down and damaged the fence, another branch shifted and the third tree is healthy. Comminsure responded to my claim. They came, cut the not only the fallen tree but they also cut down the healthy branch and left a 3 meter stump causing ugly view.

    They cut the healthy branch without my consent. Besides, in the report they stated that they only cut and removed the fallen tree only. They do not cut the whole tree. Now I lost the healthy tree, I lost the shadow of the healthy tree to protect my barbecue area and the view with the remaining stump is very ugly.

    After many conversations between me and Commisure through many levels like " Customer Relationship Service, Dispute Relation Service of Commonwealth Bank and Financial Ombudsman Service ", Commisure continuously deny their responsibility of the damage to my property (healthy tree). They only offer a goodwill to remove the stump and deny all responsibilities.

    Please help me. How I can ask for the compensation for my loss?

    Thanks
     
  2. Zerojay

    Zerojay Member

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    Greetings,

    I reckon a 3 metre stump is not a stump, it is a trunk. You have stated Comminsure's position, but what does the Financial Ombudsman Service (FOS) say? They have the power to award compensation and having FOS consider your complaint costs you nothing.

    The tree may have been unsafe with only one of three branches left?

    I have seen severely lopped gum trees survive and re-grow. Is the tree dead?

    Regards
     
  3. Hieu Tang

    Hieu Tang Member

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    Hi Zerojay

    Thank for your comment. I am waiting for the decision of FOS. As I said the tree had 3 big branches. One fell, one leaned leftward and the last one is living and healthy. In fact this branch survives through the strong storm.

    In the Product of Disclosure, Comminsure states very clearly " they will cut the fallen tree that causes the damage of the property. They will not cover the fallen tree that does not cause any damage"

    In the report of the DaK-Wall company states that " The fallen tree will be made safe and removed. The tree will not be removed entirely as only a sector of the tree has fallen ". In fact the company also cut the living, healthy without my consent

    In my understanding if the Dak Wall company are sure that healthy living tree will fell in the short term, they only advise to cut the tree and documents their advice in my insurance file. In case if I do not organize a cutting of the tree and if the tree fells and causes any damages, Commisure will not cover this event and of course I will take all responsibilities. They have no right to cut my healthy tree without my consent.

    Regards
     
  4. Zerojay

    Zerojay Member

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    On details available, they should have obtained your consent. If, however, the tree lopper has acted outside the authority provided by Comminsure, then Comminsure may have a valid argument that they are not responsible. In which case you would have to take action against the tree lopper.

    Good luck with FOS.
     
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