Seclusion Bay fire victims suing

[Frisk]

I saw this story on the news today.

The Seclusion Bay fire started on July 12th, 2010 when a tree fell on a power line during a wind storm. the fire burned 1 home. the owners didn't have insurance. they are now suing FortisBC and another seclusion bay home owner for not removing the tree before it fell on the power line.

Any thoughts on this?

[gardengirl]

Is this the guy who had a Harley, a boat, and a whack of other toys, but didn't buy insurance? The same guy who went on tv and cried the blues and asked for donations?

[Always Sunny]

Suppose you look at it from the perspective of someone who DID have insurance.

What if the same thing happened...a tree fell on your home...your car?

If there is any kind of deductible that I would be liable to pay because of someone else's negligence, I would be pretty choked.

There is also the argument of "act of god" or "*bleep* happens". Some times you simply cannot predict these things. Was it an old rotten tree moments away from keeling over? Or just standing there minding its own business and became the victim of circumstance? It also depends on the degree to which this could have been predicted, in my opinion.

Then again, I don't know any details. Links?

[GenesisGT]

Then again, I don't know any details. Links?

If you do a search in the upper right corner on "Castanet" or "news" you will get more then enough links to keep you up all night reading.

[Frisk]

Here's a couple links:

http://www.castanet.net/news/West-Kelowna/55750/Wildfire-victim-was-uninsured

http://www.castanet.net/news/Letters/55768/We-shouldn-t-pay-for-your-gamble

[BoB76]

That guy needs a shovel for all his BS he spreads around. Probably so used to getting sued himself that he figures it's time to do something in return. I hope he gets nothing!

[westbanker]

the guy had choices and HE historically made the wrong choices at every turn: he had a choice between a Harley or insurance, he chose the bike, he had a choice between a boat and insurance, he chose a boat, he had a choice of a shop and a dock or insurance, he chose both of those physical items, he had a choice of a house with an incredible view or insurance, he chose the location and a lifestyle over protecting his family and their future.

His neighbours had insurance... and yet he wants them to pay again.

Jesus built the forest that he chose to live beside, is he going to start naming churches in suits for not removing Jesus' forest fuel behind him?

[Bsuds]

While I don't agree with his choices, when a neighbours tree fell on my property in a windstorm their insurance paid for the damages. So I suppose he is within his rights to try and get compensated is the tree caused all the damage.

I guess the courts will decide.

[kgcayenne]

Yup. Predictable.

If I recall correctly, his business ended not long after the fire as well. Hopefully that doesn't get pinned on the fire.

[Ken7]

Is this the guy who had a Harley, a boat, and a whack of other toys, but didn't buy insurance? The same guy who went on tv and cried the blues and asked for donations?

Must have done alright as he's now living in Mexico. Hmm, anyone know where this worked or anything about him?

He is the toy guy.

[BoB76]

His kid is running it apparently. Same location with different name.

[Bpeep]

He cant be in that bad of shape if he had no insurance.
If his property was financed the lender would demand it be insured.

[logman]

I'm sure no bank will mortgage a property without insurance. Is that right? Unless he had "shady" money.

[logman]

It was listed for sale at 6 million plus. Boo hoo.

[TreeGuy]

The rights and obligations around trees is an interesting topic. Does your insurance policy cover damage to your home by trees? What does it cover? Most policies if they cover tree damage only pays for the tree to be removed off of your house, no clean up or debris disposal. What if your tree falls on the neighbours house? Who is responsible? What if you are made aware of a potential hazard and do nothing about it and then your tree damages your neighbours property?

A book has been written on this by Dr. Julian Dunster, "Arboriculture And The Law In Canada". https://www.isarmc.org/store/?includes=product_info&category=3&subcategory=&product=19 He has been used by homeowners to dispute many different tree related court cases.

I am sure that Fortis can afford many more lawyers than this guy can. It will be interesting to find out the results of the suit.