DEAN DUNHAM: Are insurers allowed to decide if a heavy downpour counts as a ‘storm’?

I made a claim on my home insurance after my house was damaged by last week’s heavy rainfall.

But my claim was denied because my insurer says it wasn’t a ‘storm’.

Heather Graham, via email.

Dean Dunham replies: Most insurance companies say they only cover weather damage caused by a ‘storm’ and define what a storm means in their terms and conditions.

Many argue that the wind speed must be at least a certain strength (often quoted as level ten on the Beaufort scale, the equivalent of 90-100 km/h) before the weather event can be classified as a storm, dismissing claims such as this minimum requirement does not exist. Met.

Denied claim: Most insurance companies say they will only cover weather damage caused by a ‘storm’ and define what a storm means in their terms and conditions

However, this rigid approach is wrong and is often rejected by the Financial Ombudsman Service (FOS), where you can complain if you disagree with the outcome of a claim.

The correct approach is to consider the actual weather in the area surrounding the property at the time the damage occurred and whether this was the true cause of it.

However, your insurer will also consider whether there are other factors that may have caused or significantly contributed to the damage, such as wear and tear (i.e. the age of the home or a certain part of the home) or failure to maintain your home .

Your policy usually states that you must properly maintain your property.

This loose requirement offers insurers a golden opportunity to shift the blame for damage or loss caused by, for example, weather damage to the homeowner – and therefore deny claims.

If your claim is denied, the next step is to file a complaint with the FOS.

When you file your complaint, you must provide evidence of the severity of the weather. Make sure this clearly reflects the conditions that existed in the area around your property at the time.

You must also provide information about what you do to maintain your property.

For example, if water is leaking through your roof or windows, such as when the roof was last inspected or the gutters were cleaned.

Finally, it will help your claim if you can have an independent person, such as a builder, confirm in writing that the damage was caused by the weather and not wear and tear.

Wedding location canceled without explanation

I was supposed to get married in November, but the venue canceled our booking without explanation. It says we get our deposit back.

But when I said I also wanted a refund for the money we paid to caterers and entertainers, it said – as this was not arranged by the venue and outside the contract between us – that we don’t have to pay it back. What can we do?

John Ashton, by email.

Dean Dunham replies: This amounts to a breach of contract by the venue as it fails to offer the venue as agreed.

Under English law, the remedy for breach of contract is to put the innocent party (you in this case) back in the position they would have been in had the breach not occurred.

In your case, this means that you will reimburse all costs, regardless of whether they were part of the actual contract or not.

If you end up having to pay more for the new location, you can also claim this and possibly damages for inconvenience and inconvenience.

• Write to Dean Dunham, Money Mail, Scottish Ny Breaking, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.